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Searching Content indexed under Charges, Mortgages, Indemnities by Clayton Utz ordered by Published Date Descending.
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CU LAB: Verification of identity rules - how do they affect the banking sector?
As Australia moves to electronic platforms for conveyancing, banks should look carefully at VOI rules to prevent fraud.
Australia
1 Jun 2017
2
How the fine print can affect criminal prosecutions: defeating fraudsters with terms and conditions
The case illustrates the importance of getting terms and conditions right - ensuring that they do what they need to do.
Australia
26 May 2017
3
The right to call an unconditional bank guarantee – do you say it best when you say nothing at all?
The conventional view is that an unconditional bank guarantee to secure performance of a contract operates autonomously.
Australia
14 May 2017
4
The Good, the Bad and the Ugly – Australian banking
Australian banks are removing the shackles of the "reset and forget" forbearance in place of corporate refinancings.
Australia
 
17 Nov 2016
5
Court extends time for registration of security interests due to inadvertence – ABN v ACN
The court exercised its discretion when a financier's failure to register security interests properly was inadvertent.
Australia
5 Sep 2016
6
Penalties and fairness of consumer and small business contracts
Unless there is substantive unfairness, unconscionable conduct and unfair terms may remain difficult to prove.
Australia
22 Aug 2016
7
Late payment fees for credit cards not penalties, says High Court
The High Court took a broad view of the factors that can be taken into account in determining whether there is a penalty.
Australia
29 Jul 2016
8
Lenders ability to independently enforce their rights under a syndicated loan agreement
This case raises the importance of clear language in syndicated loan agreements regarding individual rights of lenders.
Australia
15 Dec 2015
9
The statutory demand minefield: lessons from recent set aside applications
Strict compliance with legislative requirements continues to be imperative when serving creditors' statutory demands.
Australia
2 Jul 2015
10
The end of the Tael: debt trades and accrued rights under the Loan Market Association Standard Terms
Although this case is not strictly binding on Australian courts, it may be persuasive to interpret the Standard Terms.
Australia
1 Jun 2015
11
Is your bank guarantee worth the paper it's written on?
Three issues to be considered with bank guarantees are autonomy rules, balance of convenience, and the agreement itself.
Australia
9 Apr 2015
12
Tough identity requirements for mortgagees are expected to be introduced shortly in Victoria
Lenders should be reviewing their verification systems as identity requirements for mortgages spread across Australia.
Australia
22 Aug 2014
13
Forbearance as part of a lender's toolkit, part 2
Lenders and customers should not enter a forbearance arrangement without understanding its terms, risks and conditions.
Australia
8 Aug 2014
14
Forbearance as part of a lender's toolkit, part 1
A forbearance arrangement will ensure that both lender and customer are aligned on the proposed turnaround or workout.
Australia
27 Jul 2014
15
Breach of Code of Banking Practice does not necessarily lead to relief
A mere breach of the Code of Banking Practice does not of itself necessarily result in an adverse finding against a bank.
Australia
15 Nov 2013
16
Preparing for the end of the Personal Property Securities Act's transitional period
Companies and individuals should act now to take appropriate action to protect their positions on or before 31 January 2014.
Australia
15 Nov 2013
17
How identity fraud in mortgage transactions can affect mortgagees: recent legislative changes
Mortgagees who fail to adequately verify the identity of mortgagors may risk losing indefeasibility of their mortgages.
Australia
29 Sep 2013
18
APRA sets a high water mark for implementing Basel III liquidity reforms
APRA released a second consultation package updating its implementation of the Basel III liquidity reforms in Australia.
Australia
10 May 2013
19
Deferred purchase price/loan note arrangements - Do you have enforceable security?
There could be lenders whose current security arrangements are unenforceable because stamp duty has not been paid,
Australia
16 Feb 2013
20
First come first serve - or so you thought: Restriction on the rights of a first ranking mortgagee
The registration of a subsequent mortgage without the first mortgagee's consent could derail a consensual sale process.
Australia
28 Oct 2012
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