We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 45

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


Hauff v Miller 2013 QCA 48: “subject to finance” clauses
  • McInnes Wilson Lawyers
  • Australia
  • July 12 2013

The Queensland Court of Appeal decision in Hauff v Miller reiterates that a purchaser will not always be able to rely on a 'subject to finance'


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


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


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


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


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


Emerging apportionment issues
  • McInnes Wilson Lawyers
  • Australia
  • April 10 2014

The High Court decision in Hunt & Hunt v. Mitchell Morgan Nominees Pty Ltd ((2013) HCA 10) highlights the impact of proportionate liability where it


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