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Searching Content indexed under Charges, Mortgages, Indemnities by Cooper Grace Ward ordered by Published Date Descending.
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1
Making a loan to a company and not to an individual as borrower: Is it a valid loan, a sham or procured by unconscionable conduct?
The Jams case is a reminder that if vetting processes for potential borrowers are not sufficient, loans may be set aside.
Australia
19 Jul 2019
2
Statutory demands and disputes regarding the meaning of a contract
Early notice of the grounds of dispute should be given to the creditor, to guard against a statutory demand being issued.
Australia
10 Jul 2019
3
Taking priority over a PMSI – a guide to section 64 of the PPS Act
The Personal Property Securities Act establishes a set of rules to determine priority between competing security interests.
Australia
1 Apr 2019
4
PPSR seven year registrations of security interests: time to renew?
Businesses should review and keep track of the expiry dates of all PPSR registrations, in case they need to be renewed.
Australia
8 Jan 2019
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
Unconditional bank guarantees: like cash in the bank. But not always …
When negotiating any contract, you must carefully consider the wording of any terms relating to a bank guarantee.
Australia
20 Oct 2017
7
Lenders beware – will you be able to prove service of your default notices?
A lender must comply with the terms of its loan agreement and mortgage before commencing legal proceedings.
Australia
29 Sep 2017
8
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
9
SMSFs, superannuation borrowing (LRBAs) and 2016 budget changes
These proposed legislative measures have a number of potential borrowing consequences if an SMSF has an LRBA.
Australia
11 May 2017
10
Dangers in using and relying upon directors' electronic signatures
This case was a reminder for directors and any person in business using, or seeking to rely on, an electronic signature.
Australia
27 Feb 2017
11
PPSA: Lessee's administrator retains ownership of plant and equipment against lessor of premises
A lessor's security interest must be appropriately documented in accordance with the PPSA and correctly registered.
Australia
11 Jan 2017
12
Can a statutory demand served at a company's virtual office be resisted out of time?
These cases highlight the importance of ASIC records being up-to-date and correctly recording the registered office.
Australia
3 Jan 2017
13
Financial Ombudsman red flag for credit providers – is the co-borrower receiving a real benefit?
The Financial Ombudsman Service reduced the liability of a co-borrower who received no 'real' benefit from the loan.
Australia
13 Sep 2016
14
Related party loan structuring for asset protection
This paper outlines strategies to protect loans from claims from an asset protection and estate planning perspective.
Australia
19 Jul 2016
15
Assignment of debts, statutory demands and offsetting claims
The assignee of a debt receives the benefit of the debt, subject to both the rights and obligations of the assignor.
Australia
18 Jul 2016
16
Safe harbour rules for SMSF borrowing (LRBAs) – are your clients sinking?
PCG 2016/5 provides guidance on arm's length terms for related party loans with LRBAs and contains safe harbour terms.
Australia
12 Apr 2016
17
SMSF borrowing (LRBAs), related party loans and 1 July 2016 – there's more involved than you think. Are you ready?
Advisers must ensure that LRBAs are documented with commercial terms, and have operated on those terms from 1 July 2015.
Australia
14 Mar 2016
18
Superannuation and related party loans: take action now, or the ATO will
SMSFs can rectify existing interest-free, low rate or uncommercial loans from related parties before 30 June 2016.
Australia
26 Oct 2015
19
Challenging a statutory demand from the ATO based on a Running Balance Account
The statutory demand was expressed as a single amount, a total deficit debt as stipulated on a Running Balance Account.
Australia
15 Jun 2015
20
The next chapter in the class action litigation challenge to ANZ bank fees
The Full Federal Court stressed that the ANZ bank fees would only be void if they were 'extravagant and unconscionable'.
Australia
25 May 2015
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