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Searching Content indexed under Real Estate and Construction by Graham Roberts ordered by Published Date Descending.
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Creditor defeats unfair preference claim by liquidator
It is a defence to an unfair preference claim to show no reasonable grounds to suspect insolvency of the debtor company.
Australia
11 Jul 2019
2
Subcontractors charges in Queensland – what has changed under the BIF Act?
The BIF Act consolidates the laws for security of payment in the Qld building and construction industry into one Act.
Australia
13 Mar 2019
3
Creditor defeats unfair preference claim by liquidator
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Australia
8 Jun 2018
4
Property pitfalls: when it is unreasonable for a body corporate to refuse a motion?
Article discusses power of adjudicator to make orders resolving disputes in community title schemes.
Australia
30 May 2018
5
Pitfalls of instalment land contracts in Queensland: can the purchaser refuse to settle?
Vendors to land sale contracts in Queensland should be aware of conditions that could result in an instalment contract.
Australia
25 Nov 2017
6
Farm debt disputes in Queensland – new Act creates pitfalls for lenders
Mortgagees must offer mediation before commencing any enforcement action to recover outstanding farm business debts.
Australia
29 May 2017
7
Can a lessee prevent a lessor changing the locks?
A lessee will need to demonstrate that the genuine interests of the lessor will be protected if relief is granted.
Australia
10 Mar 2017
8
PPSA update: New Bill introduced to extend ‘PPS Lease' from one year to two years
The Bill aims to significantly reduce the regulatory impact the PPSA is having on short term hire and rental businesses
Australia
7 Mar 2017
9
Mortgagee fails to take reasonable care to obtain market value
The mortgagee's advertising did not adequately refer to the water rights relating to the property and their tradability.
Australia
28 Aug 2014
10
Mortgagees: Can You Take Possession or Sell Before an Expired Notice of Exercise of Power of Sale?
Section 84 of the Property Law Act in Queensland provides that a mortgagee may not exercise the power of sale unless a notice under section 84 has been served on the mortgagor and the specified default is not remedied within 30 days from service of the notice.
Australia
17 Aug 2010
11
Does The Registration Of A Writ Of Execution Trump The Prior Unregistered Interest Of A Buyer Or Mortgagee?
A buyer or incoming financier who fails to lodge a settlement notice or caveat to protect their position pending registration of their interest can be at risk that a judgment creditor will register a writ of execution on the title during the period between settlement and registration.
Australia
19 May 2010
12
Further Perils For Mortgagees Exercising Power Of Sale In Queensland
The Property Law (Mortgagor Protection) Amendment Act 2008 (Qld) commenced on 12 December 2008. It has ramifications for a mortgagee, an attorney for the mortgagor, or a receiver acting under a power delegated to the receiver by a mortgagee when exercising power of sale under a mortgage.
Australia
28 Jul 2009
13
Perils In Exercising Power Of Sale
In Sablebrook P/L v. Credit Union Australia [2008] QSC 242 the mortgagee breached section 85 of the Property Law Act 1974 by failing to take reasonable care to ensure the mortgage property was sold at market value.
Australia
29 Jan 2009
14
Indefeasibility Of Forged Mortgages In Qld A Qualified Win For The Registered Mortgagee
The Qld Supreme Court decision in Royalene Pty Ltd v Registrar of Titles & Ors (2008) QSC 64 (7 April 2008) involving a forged mortgage registered in 2004, appears to be a win for the registered mortgagee.
Australia
19 Aug 2008
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