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Results: 1-10 of 598

Breaches of the Code of Banking Practice result in a challenge to the enforcement of a guarantee
  • Corrs Chambers Westgarth
  • Australia
  • July 8 2016

This week’s TGIF considers the most recent decision in a line of cases which hold that the provisions of the Code of Banking Practice may be


A vexed case - Court reigns in vexatious litigant to protect Bank
  • Corrs Chambers Westgarth
  • Australia
  • June 24 2016

This week’s TGIF considers the Federal Court decision of National Australia Bank Ltd v Garrett 2016 FCA 714 in which the Court stepped in to


Timbercorp Investors get second bite
  • Gadens
  • Australia
  • June 21 2016

On 1 June 2016 the Victorian Court of Appeal delivered its judgment in Timbercorp Finance Pty Ltd (In Liquidation) (Timbercorp) v Collins (Collins


Retention of title and the PPSA: a high steaks issue
  • Clayton Utz
  • Australia
  • May 26 2016

The registration of security interests on the Personal Property Securities Register (PPSR) is a critical, yet unresolved, issue in the context of the


Are communications between receivers and liquidators privileged?
  • Hall & Wilcox
  • Australia
  • April 18 2016

The decision in Re Forge Group Construction Pty Ltd (in liq) (Receivers and Managers appointed); ex parte Jones No 2 2016 WASC 87 confirms that


The importance of registering your security interest, particularly in Australia
  • Buddle Findlay
  • Australia, New Zealand
  • March 31 2016

In March 2013, four portable gas turbines worth about AU$50m had been leased to Forge Group Power Pty Ltd (Forge) by GE International Inc (GE) as


Think you're not "regularly engaged in the business of leasing"? Think again, says new PPSA decision
  • Clayton Utz
  • Australia
  • March 31 2016

Companies that have leasing as a small and irregular part of their overall business still must comply with the PPSA if their interests in leased


Guaranteed certainty: creditors not required to exhaust remedies against a debtor before seeking to enforce a guarantee
  • Corrs Chambers Westgarth
  • Australia
  • March 11 2016

Rahan Constructions Pty Ltd (Rahan) was contracted to undertake commercial construction and other works in about April 2012. On or about this date


PPSA vesting rules: The Forge awakens
  • Gadens
  • Australia
  • February 15 2016

By its much anticipated yet hardly surprising judgment in Forge Group Power Pty Limited (in liquidation)(receivers and managers appointed) v General


Does a breach of clause 25.1 of the code of banking practice render a guarantee void? It appears not
  • Corrs Chambers Westgarth
  • Australia
  • February 12 2016

A bank lent money to a family company, which was secured by personal guarantees provided by the applicants. The loan fell into default and the bank