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Searching Content indexed under Contracts and Commercial Law by Jade Rowarth ordered by Published Date Descending.
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1
Set-off rights restored – WACA overturns Forge
When contracting with counterparties that become insolvent, creditors may not lose set-off rights for lack of mutuality.
Australia
29 Sep 2018
2
Gogetta security, but no priority: The importance of the conduct of a lender in determining who has the better equity
Article considers a recent case which examined a priority contest between competing equitable interests in property.
Australia
8 May 2018
3
New insolvency reforms are on the way: How will they affect you?
Viable but underperforming companies will have an opportunity to implement a turnaround strategy or sale of the business.
Australia
5 Mar 2018
4
Out of step but not out of pocket: Remuneration still recoverable for work done by invalidly appointed administrators and liquidators
It was clear that the applicants had proceeded on the basis that they had been validly appointed for the company.
Australia
19 Feb 2018
5
Signed on the dotted line? Proving execution of personal guarantees
Denying execution or refusing to give evidence will not suffice to defend claims that a party has signed a guarantee.
Australia
1 Oct 2017
6
What is the Collateral damage in a security agreement?
The court considered whether real property acquired after the execution of the agreement formed part of the collateral.
Australia
10 Jul 2017
7
Rethink again, when will a court adjust the liability of a co-guarantor?
The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.
Australia
22 May 2017
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