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Bank as 'mortgagee in possession' may be subject to closer scrutiny

Piper Alderman
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Australia
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June 4 2013

In a recent New South Wales Supreme Court case, the court criticised a bank's conduct and suggested that banks should not sit on a property and do

High Court to rule on consequences of breach of fiduciary duty

Piper Alderman
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Australia
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May 6 2013

Fiduciary duties arise in a variety of commercial contexts. One of the most common of these is the duty owed by a director to a company. In certain

A bank as ‘mortgagee in possession’ may be subject to closer scrutiny

Piper Alderman
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Australia
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May 6 2013

Commonwealth Bank of Australia Ltd (CBA) sued Mr Rickard, the guarantor of a loan agreement that was entered into between CBA and RHT Developments

High court decision widens application of proportionate liability legislation

Piper Alderman
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Australia
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May 1 2013

In the case of Hunt & Hunt Lawyers v Mitchell Nominees Pty Ltd 2013 HCA 10, the majority of the High Court strengthened the ability of defendants

Common sense prevails in proportionate liability decisions

Piper Alderman
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Australia
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April 9 2013

The High Court and the NSW Court of Appeal have recently provided much needed clarification about the proportionate liability regime in the NSW Civil

Sham loans taxpayer wins appeal

Piper Alderman
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Australia
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April 2 2013

In a recent case, the Full Court had to consider whether or not a finding by the AAT that international funds transfers made as between the taxpayer

High Court rules on penalties for breach of contract

Piper Alderman
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Australia
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November 20 2012

A recent case before the High Court, involving 38,000 customers of the Australia and New Zealand Banking Group Limited who disputed the bank fees charged to them, will have a profound impact on any contracting party, in any industry, that has penalty or liquidated damages clauses in their contracts

Valuers beware

Piper Alderman
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Australia
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November 14 2012

Special Counsel, Jacqueline Browning looks at the case of Propell National Valuers (WA) Pty Ltd v Australian Executor Trustees Ltd 2012 FCAFC 31 which highlights the role of property valuers in financing transactions and their potential liability in the event of loss upon realisation of property

Fiduciary duties of financial advisors

Piper Alderman
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Australia
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November 8 2012

Although it is hard to understand how this view could have arisen, there was a view amongst some members of the financial planning industry that financial planners did not owe fiduciary duties to their clients

Personal Property Securities Act secured creditors take note

Piper Alderman
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Australia
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October 23 2012

A recent decision of the Federal Court of Australia concerning the administration of Hastie Group Limited is the first Australian case to deal with the Personal Property Securities Act 2009 (Cth) and represents a timely reminder of the importance for businesses to have adequate procedures in place to take advantage of the benefits afforded to secured parties by the PPSA

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