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Recent case reiterates the importance of suppliers & lenders obtaining personal guarantees that have been carefully drafted. .

The liquidator's disclaimer notice was void, so the creditor was the victim of failure to register properly on the PPSR.

The October 2008 decision of the Queensland Supreme Court in Sablebrook provides guidance for mortgagees when exercising a power of sale upon default by a mortgagor. The use of valuations and the consideration of market trends by mortgagees are considered by courts when determining reasonableness.

Mortgagees in Queensland exercising their power of sale will be required to comply with new rules following the passage of the Property Law (Mortgagor Protection) Amendment Act 2008 last week.

Following on from our January 2009 update on the statutory duty of mortgagees to sell at market value, we report on the Real Property and Conveyancing Legislation Amendment Bill 2009 which is currently before the NSW State Parliament.

The Forge Group Power case is a striking example of the dangers of ignoring the registration requirements of the PPSA.

This article discusses the extent that the provision allows encroachment on the rights of a circulating security holder.

The case highlights the necessity to be vigilant to ensure that both timely and accurate disclosure is consistently made.

Although more than six years has passed since the introduction of GST, there is still considerable confusion regarding borrower fees, particularly where mortgage managers are involved.

In NSW, a lender cannot enforce a farm mortgage before an attempt at mediation pursuant to the Farm Debt Mediation Act.

The High Court has handed down its decision on an appeal by a farmer about the operation of the Farm Debt Mediation Act.

Many companies should be reviewing their dividend policies in response to the adverse economic impacts of COVID-19.

To assist the Australian property industry in coping with the effects of the global credit crisis the Federal Government announced on 24 January 2009 the establishment of the $4 billion Australian Business Investment Partnership (ABIP).

This case clarifies matters of registration of retention of title clauses for secured creditors dealing with grantors.

Prior to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry ("Royal Commission"), ASIC routinely accepted CEUs as a form of administrative settlement and as an alternative...

On 27 August 2008 the Australian Government Productivity Commission released a 322 page report entitled 'The Market for Retail Tenancy Leases in Australia'.

Suppliers should take steps to mitigate their risks and these four key lessons may avoid potential PPSA landmines.