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FAQs around topics of presumption of advancement, loans, and debts among family members.

When a bank sells mortgaged property for less than expected, property owners may wonder whether they have grounds to take legal action. Queensland law imposes specific duties on mortgagees conducting property sales, requiring them to act in good faith and take reasonable care regarding market value.

This paper addresses some of the practical issues encountered when advising clients on the operation of the PPSA.

In Australia, debts become statute-barred after a specific time period from the date when the cause of action arose.

The Australian construction industry is suffering from low and declining profits; caused in large part by the misallocation of risk and a misunderstanding of the forces driving further efficiencies and productivity.

This paper addresses some of the practical issues encountered when advising clients on the operation of the PPSA.

This article analyses why both the NZ and Australian drafters excluded fixtures from their respective PPS legislation.

The purpose of this paper is to highlight and discuss some of the proposed amending bills set down for the 2007 Commonwealth Government autumn sittings. Whilst this paper is not meant to be an exhaustive overview of all of the content of all amending bills, we have endeavoured to identify and concentrate on those amendments which may likely have a tangible effect on companies.

This article covers the current state of the law relating to fixtures and if its omission from the PPSA is appropriate.

Debt recovery lawyers discuss basics of debt assignment in Queensland, so that creditors will understand the process.

The omission of the law of fixtures from the PPSA is an opportunity lost to correct what ia a confusing area of law.

The purpose of this paper is to highlight and discuss some of the proposed amending bills set down for the 2007 Commonwealth Government autumn sittings. Whilst this paper is not meant to be an exhaustive overview of all of the content of all amending bills, we have endeavoured to identify and concentrate on those amendments which may likely have a tangible effect on companies.

Registration fees applicable from 1 July 2014 and Mortgage Duty information for each Australian State and Territory.

Reverse mortgages were introduced to allow seniors to access the equity in their homes to help fund living expenses.

Priority notices are cheap but temporary, so if there is a caveatable interest, perhaps a caveat should be preferred.

A possession claim is a court proceeding brought by a lender seeking possession of mortgaged property after a borrower defaults on their loan obligations. In Queensland, possession proceedings are governed by a combination of the mortgage contract, the Uniform Civil Procedure Rules 1999 (Qld), the Property Law Act 2023 (Qld), and, for regulated consumer loans, the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code.

Missed mortgage payments in Queensland do not result in immediate repossession. Instead, it triggers a structured legal process governed by the mortgage contract, the National Credit Code, the Property Law Act 2023 (Qld), and the Land Title Act 1994 (Qld), with enforcement typically unfolding over several months.