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Jamieson v Westpac: assessment of damages
  • McInnes Wilson Lawyers
  • Australia
  • June 2 2014

Often the calculation of loss resulting from the negligence of advisers can be a difficult exercise. Initially accountants, financial advisers


Vesting of unperfected security interests
  • McInnes Wilson Lawyers
  • Australia
  • June 11 2014

The decision in White & Anor v Spiers Earthworks Pty Ltd (SE) & Anor has examined the vesting provisions contained within the Personal Property


Have you heard the one about the lawyer and the mortgage broker?
  • McInnes Wilson Lawyers
  • Australia
  • June 28 2013

This article looks at the 2011 New South Wales Court of Appeal decision in Perpetual Trustee Company Ltd v Milanex Pty Ltd (in liquidation) 2011


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


The Bitcoin enigma
  • McInnes Wilson Lawyers
  • Australia
  • June 3 2014

Bitcoin is taking the world by storm due to its special character. In contrast to traditional currencies it exists only as electronic data and is


Obligations of controllers: selling property at market price
  • McInnes Wilson Lawyers
  • Australia
  • July 17 2013

Once appointed, mortgagees in possession (and receivers) owe a duty of care when selling mortgaged property. This duty is imposed by common law and


Can avoiding potential litigation be considered an uncommercial transaction?
  • McInnes Wilson Lawyers
  • Australia
  • May 13 2015

When a company goes into liquidation liquidators will often try to 'claw back' uncommercial transactions. The recent case of 640 Elizabeth Street Pty


Rural debt: the farmers parachute
  • McInnes Wilson Lawyers
  • Australia
  • November 2 2012

The High Court decision of Waller v Hargraves Secured Investments Limited 2012 HCA 4 (Roslyn) comes at a time where rural debt is rising in the shadow of falling land prices


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


“Turning a blind eye”: a refresher
  • McInnes Wilson Lawyers
  • Australia
  • January 27 2011

It is common knowledge that dishonesty will usually trigger an exclusion for cover under a professional indemnity policy