Public Trustee of Queensland v Fortress Credit Corporation(Aus) 11 Pty Ltd

Corporations – Charge - Registration - First respondent ("Fortress") obtained fixed and floating charge over assets of second respondent ("Octaviar") - Charge secured all moneys payable under or in relation to certain documents, including such documents as Fortress and Octaviar agreed in writing - Fortress and Octaviar subsequently agreed by deed ("Deed") that charge secured liability of Octaviar to Fortress under guarantee - Whether charge void, to extent it secured Octaviar's guarantee, under s 266 of the Corporations Act 2001 (Cth) ("the Act") - Whether execution of Deed required notice to be lodged under s 268 of the Act - Whether Deed effected "variation in the terms of the charge" - Relevance of legislative policy expressed in Ch 2K of the Act - Whether Deed created new charge requiring registration under s 263 of the Act.

Words and phrases – "charge", "terms of the charge", "variation in the terms".

Corporations Act 2001 (Cth) – ss 263, 266, 268.