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  • Article

    Personal guarantees and voluntary administration

    While a company remains in voluntary liquidation, a creditor cannot enforce a personal guarantee given by a director.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Change to consumer guarantees welcomed

    From July 1, the consumer guarantees apply in any case where the price of the goods or services is less than $100,000.
    AustraliaConsumer Protection
    Mellor Olsson
    Mellor Olsson
  • Article

    Loan ranger: Five tips for private lending in Australia

Prospective borrowers should keep the following tips in mind when targeting opportunities in the private lending space.
AustraliaFinance and Banking
Holding Redlich
Holding Redlich
  • Article

    What is an enforceable undertaking and why do they exist?

    An enforceable undertaking, or EU, is an undertaking which sets out in writing certain actions to address ASIC concerns.
    AustraliaFinance and Banking
    Holley Nethercote
    Holley Nethercote
  • Article

    PPS Act – better finance and security for agribusiness

    Farmers and graziers should consider a "PPS Act audit" to understand, verify and protect their rights over assets.
    AustraliaReal Estate and Construction
    Thynne & Macartney
    Thynne & Macartney
  • Article

    PPSA model clauses for a general security agreement (GSA)

    These PPSA model clauses by 5 law firms set out suggested clauses and definitions for certain core provisions of a GSA.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    PPSR transition period ends midnight 31 January 2014

    TSIs must be registered on the PPSR by this time to take advantage of "temporary perfection" and to preserve priority.
    AustraliaCorporate/Commercial Law
    Hunt & Hunt
    Hunt & Hunt
  • Article

    My parents lent us money and now we have separated – how is this dealt with in Family Law?

    The Family Court may disregard an unsecured debt owed to family members in the overall division of the parties' assets.
    AustraliaFamily and Matrimonial
    HHG Legal Group
    HHG Legal Group
  • Article

    A game of cards: Do security bonds trump personal guarantees in a commercial lease?

    Before agreeing to act as guarantor for a tenant, make sure you know what you could be liable for if things go wrong.
    AustraliaFinance and Banking
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Checklist: Going guarantor for a loan?

    The article includes six questions that you should ask before you sign to be a guarantor and you must get legal advice.
    AustraliaFinance and Banking
    HHG Legal Group
    HHG Legal Group
  • Article

    Conducting Business in Australia: Personal Property Securities Law

    2012 marked an overhaul of the way that security interests (other than real property) are dealt with in Australian law.
    AustraliaFinance and Banking
    Addisons
    Addisons
  • Article

    Corrs in Brief: Implications of PPSA Issues Affecting Mining Services Contracts

    Contracts should contain provisions dealing with the PPSA to ensure that parties with security interests are protected.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Deadline - ASIC regulated entities must submit their business activity metrics now

    The industry funding model allows ASIC recover its regulatory costs from industry through levies and fees-for-service.
    AustraliaFinance and Banking
    Holding Redlich
    Holding Redlich
  • Article

    Establishment fees in private financing transactions

    In this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.
    AustraliaFinance and Banking
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Everything you wanted to know about PPSA but were too afraid to ask

    This example demonstrates the importance of the Personal Property Securiy (PPS) Register in a priority dispute.
    AustraliaFinance and Banking
    DibbsBarker
    DibbsBarker
  • Article

    Guarantors: Enforcing guarantees is not guaranteed: Take it slow, consider your options

    If you have guaranteed the debts of a person or entity, do not panic, as the creditor may be amenable to compromise.
    AustraliaFinance and Banking
    HHG Legal Group
    HHG Legal Group
  • Article

    Is your business protected under the Personal Property Securities regime?

    Businesses should audit internal practices and commercial documents to ensure preservation of their security interests.
    AustraliaFinance and Banking
    Moray & Agnew
    Moray & Agnew
  • Article

    Penalty provisions – when are liquidated damages unenforceable?

    The High Court considered whether credit card late payment fees charged by a bank were considered to be penalties.
    AustraliaFinance and Banking
    DWF (Australia)
    DWF (Australia)
  • Article

    PPS Regime - Selling or Financing Goods Note

    The PPS Regime will have a far reaching affect on dealings with various forms of personal property.
    AustraliaFinance and Banking
    DibbsBarker
    DibbsBarker
  • Article

    Practice Guide for Second Mortgages – Default and execution of security

    Addresses rights and obligations of lenders, tips for responding to a default and exercising rights under a mortgage.
    AustraliaFinance and Banking
    Bennett & Philp Lawyers
    Bennett & Philp Lawyers
  • Showing 41–60 of 802 results

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