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Results: 1-10 of 144

Fighting over the cutlery: if you hold a performance bond, and the contract is terminated, can you keep it?

  • MARQUE Lawyers
  • -
  • Australia
  • -
  • June 4 2013

Terminating a contract can be as awkward and confusing as a break up - except rather than saying "It's not you, it's me" in contractual bust ups it

Enforcement of guarantees against a wife the Yerkey v Jones principle

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • June 29 2011

Despite criticism, a special equity established in the 1930s is still available which entitles a wife (if the circumstances permit) to relief from enforcement of a guarantee she has given as security for her husband’s debts

Recent High Court decision changes application of the penalty doctrine

  • Lander & Rogers
  • -
  • Australia
  • -
  • May 10 2013

The recent High Court of Australia decision in Andrews v Australia and New Zealand Banking Group Ltd (Andrews) has ramifications well beyond

Can you actually own the Sword of Azeroth?

  • King & Wood Mallesons
  • -
  • Australia, Canada, China, Netherlands, United Kingdom, USA, Vietnam
  • -
  • November 9 2012

The trade in virtual goods is growing fast, with the US virtual goods market being estimated at US$3 billion this year, and the Asian market at over US$10 million

Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) 2012 FCA 1028

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • September 26 2012

In one of the first cases in the world to hold an investment bank liable for its conduct in the lead up to the global financial crisis, the Federal Court of Australia found last Friday that the Australian branch of Lehman Brothers, formerly Grange Securities, breached its fiduciary duty and engaged in misleading and deceptive conduct in its financial and investment advice to local Councils

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

  • Piper Alderman
  • -
  • Australia
  • -
  • 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

How comforting is a comfort letter?

  • Aird & Berlis LLP
  • -
  • Australia, Canada, United Kingdom
  • -
  • December 15 2011

It can be very hard for a prospective borrower to attain financing without a guarantee, especially when that borrower has affiliates that would logically be in a position to guarantee the borrower’s indebtedness (e.g. a parent corporation

Lending issues: unjust contracts and independent legal advice

  • McInnes Wilson Lawyers
  • -
  • Australia
  • -
  • May 9 2013

The recent New South Wales Court of Appeal decision of Provident Capital Ltd v Papa 2013 NSWCA 36 provides guidance in relation to the Court's

Bell appeal judgment delivered

  • Baker & McKenzie
  • -
  • Australia
  • -
  • August 17 2012

The Western Australian Court of Appeal has today delivered its judgment in the appeal of Westpac Banking Corporation v The Bell Group Ltd (in Liq) 2012 WASCA 157 ( The Bell Appeal

Supreme Court of New South Wales considers estoppel by deed in Labracon Pty Ltd v Cuturich & Anor

  • Gilbert + Tobin
  • -
  • Australia
  • -
  • April 29 2013

An assignee of the rights under a loan agreement succeeded in enforcing the loan against the borrower on the basis of estoppel by deed. In reaching