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Results: 1-10 of 43

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


Safeguards to help consumers manage their debt levels
  • McInnes Wilson Lawyers
  • Australia
  • July 17 2014

In the recent case of ASIC v GE Capital Finance 2014 FCA 701, the Federal Court ordered consumer credit provider GE Capital Finance Australia pay a


Jamieson & Ors v Westpac 2014 QSC 32: a reminder to financial advisors
  • McInnes Wilson Lawyers
  • Australia
  • July 21 2014

In March this year the Supreme Court of Queensland delivered its decision in Jamieson & Ors v Westpac 2014 QSC 32. The decision is a reminder to


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


Security interests and insolvent companies: the need to be pozz-itively perfect
  • McInnes Wilson Lawyers
  • Australia
  • November 27 2014

The recent case of Pozzebon (Trustee) v Australian Gaming and Entertainment Ltd, in the matter of Australian Gaming and Entertainment Ltd (in liq


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


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


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


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


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