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A roundup of the latest court decisions touching on breach of warranty, the interpretation of "any one loss" and how conditional arbitration clauses interact with ongoing BI claims.

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

Borrowers in Australia should carefully consider the implications of a non-performing or insolvent finance party.

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

The Federal Court's decision in <I>Macquarie Finance Limited v Commissioner of Taxation [2004]</I> FCA 1170 was handed down on 14 September 2004.

In light of the impact of COVID-19, nation states and businesses are reacting by implementing robust mitigation measures.

On 18 March 2008 ASIC announced Class Order relief from provisions of the Corporations Act 2001 (Cth) (Act) to facilitate the operation of certain share and interest sale facilities.

Lenders should ensure that that their loan contracts, guarantees and security documents comply with the ASIC Report.

The Court held that the late payment fee aligned with protecting the bank's legitimate interests and was not a penalty.

These are some of the basic considerations for a creditor when preparing and serving a statutory demand to recover debts.

The article assesses the implications of this new law in Queensland, compared with the WA farm debt mediation regime.

Injunction is granted to restrain the power of sale of a mortgagee despite the mortgagor not making any payment into Court.

The PPSA The Act introduces a new national register of security interests in a wide range of different kinds of property.

A brief summary of how and when a power of attorney can be used when entering into a reverse mortgage in NSW.

The article explains current legislation and our recommendation for a safe execution of loan packages electronically.

When an insolvency practitioner is appointed to a small or medium enterprise (“SME”), a consistent pattern emerges in relation to the owner’s investment in the company. In the majority of cases, the business owner has put a substantial amount of their own money into the business, typically drawn from savings, a personal loan or a redraw against the family home and that money has either been recorded as share capital or as a loan that was never documented or secured.

Caveats can be a cost-effective way to alert people that you have a legal or beneficial interest in a piece of property.