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Searching Content indexed under Charges, Mortgages, Indemnities by Corrs Chambers Westgarth ordered by Published Date Descending.
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TGIF 12 July 2019: It is conclusive: how a lender can prove the existence and quantum of debt
Conclusive evidence clauses must be carefully drafted to ensure that the certificates will prove exactly what they mean.
Australia
13 Jul 2019
2
Warranty and indemnity insurance: does it provide value on public M&A transactions?
Warranty and indemnity (W&I) insurance has become a ubiquitous part of negotiated M&A in the Australian market.
Australia
27 May 2019
3
Trends in Australian loan markets and the role of alternative lenders
2019 Australian loan trends have included more Asian banks, with increased participation from institutional investors.
Australia
21 May 2019
4
Prove it or lose it: Court allows appeal on rejected proofs, calling company liquidation into question
Several proofs of debt were wrongly admitted or rejected; if correct, the company would not be put into liquidation.
Australia
12 Apr 2019
5
Long road to nowhere: Mortgagee denied possession when default not established
The court found that there was no default by borrowers which entitled the lender to possession of the security property.
Australia
11 Apr 2019
6
The super priority of Authorised Deposit-taking Institutions (ADIs) under the PPSA regime
The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.
Australia
21 Feb 2019
7
Directions engineered: Conduct justified – Substantive rights not affected
The liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.
Australia
19 Dec 2018
8
Injunctions restraining mortgagee sales – do not hold me back
Injunction is granted to restrain the power of sale of a mortgagee despite the mortgagor not making any payment into Court.
Australia
23 Oct 2018
9
Green Loans Market set to grow?
Over the last few years we have seen increased investment in green projects from various industries across the board.
Australia
18 Oct 2018
10
Do not believe everything you read - Company books not prima facie proof of debt
While a company's books may be good evidence of the existence of a debt, the evidence is not necessarily conclusive.
Australia
10 Sep 2018
11
Going South(ern): Summary enforcement of loans after Great Southern
The main issue was how to conduct enforcement proceedings where a borrower's loan is part of concluded group proceedings.
Australia
3 Sep 2018
12
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
13
ASIC Report sets the benchmark on unfair contract terms regulations
Lenders should ensure that that their loan contracts, guarantees and security documents comply with the ASIC Report.
Australia
20 Apr 2018
14
Upset by the offset - and other statutory demand traps
Where there is a credit dispute, creditors could risk time and money in issuing a statutory demand that may be set aside.
Australia
10 Feb 2018
15
Critical changes to the Queensland building industry have been approved by Parliament
Principals and head contractors should be aware of (and comply with) the changes, or risk being in breach of the new Act.
Australia
3 Nov 2017
16
Signed on the dotted line? Proving execution of personal guarantees
Denying execution or refusing to give evidence will not suffice to defend claims that a party has signed a guarantee.
Australia
1 Oct 2017
17
Turns on the terms - When does a creditor suffer loss because of a company insolvency?
Notwithstanding the arrangement for deferral of payment, the creditor suffered a loss in the amount of unpaid invoices.
Australia
8 Sep 2017
18
Exercise caution: when can fraud by a witness of a mortgagors signature on a mortgage be brought home to the bank?
This week's TGIF considers Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971.
Australia
30 Jul 2017
19
Mortgage fraud: ASIC gets tough on brokers in the home loan market
ASIC responds to the high level of loan application fraud in the home loan market. originating from mortgage brokers.
Australia
21 Jul 2017
20
Extensions of time to register PMSIs under the PPSA: It is a lack of prejudice universally acknowledged
Onus of proof shifts to other secured parties to demonstrate prejudice or reliance to defeat the extension application.
Australia
18 Jul 2017
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