Helena Busljeta

Helena Busljeta

Helena is responsible for drafting and maintaining the firm's Banking and Finance precedents. She is experienced in:

  • plain English drafting
  • drafting banking and finance precedents such as loan and security agreements
  • developing technology products to support processing of precedents and precedent databases (such as templates, macros and other automation tools).

Helena has also been part of the firm’s PPSA team since the inception of the PPSA reform process. She has advised several major Australian banks, several foreign banks with Australian offices and a range of other corporate organisations on PPSA. Her experience includes:

  • drafting standard documents
  • preparing policies, procedures and systems
  • providing advice on transitional issues
  • providing general PPSA advice
  • providing training and education
  • preparing the firm for the introduction of PPSA
  • drafting the PPSA model clauses for a general security agreement (prepared by the firm with 4 other leading Australian firms)
  • making submissions to the Australian Attorney-General's department on the proposed PPSA reforms
  • making submissions on the statutory review of the PPSA.

Helena is a member of the Asia Pacific Loan Market Association (APLMA) Documentation & Legal Issues Committee which is responsible for drafting and maintaining the APLMA standard Australian Law primary and secondary documentation. She also regularly gives presentations on the PPSA (including lectures at the University of Sydney and the University of New South Wales).

Location

Legal insights

The Hamersley v Forge case confirms that in a liquidation a security interest created under the PPSA will render worthless any set-off rights that account debtors may have had against the transferor.

27 June 2017

The NSW Court of Appeal in Arab Bank Australia v Sayde Developments Pty Ltd held that a 2% default interest rate was not a penalty in the context of a facility agreement.

19 December 2016

Circumstances in which a Court will grant extensions of time to secured parties who register security interests on the Personal Property Securities Register (PPSR).

27 July 2016

The decision is an example of the potentially severe (and expensive) consequences to lessors of failing to register security interests arising from PPS leases.

16 February 2016

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