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Protecting your family home against creditors

Australia - April 6 2021 The presumption of advancement is commonly used as a means of protecting the family home against creditors. In a recent Federal Court decision, the…

Miranda Klibbe, Graham Roberts, Rocco Russo, Ben Williams

Getting paid: exercising a lien over goods in priority to a PPSA security interest

Australia - June 9 2020 It is not uncommon for a repairer or the provider of storage facilities who is in possession of goods (a bailee) to be owed costs for work or storage…

Graham Roberts, Ben Williams

Making a loan to a company and not to an individual as borrower: Is it a valid loan, a sham or procured by unconscionable conduct?

Australia - July 18 2019 Recently, the courts have considered the validity of loans made to a company in circumstances where the loan was guaranteed by an individual and it…

Miranda Klibbe, Graham Roberts, Rocco Russo, Ben Williams

Creditor defeats liquidator’s unfair preference claim

Australia - July 10 2019 It is a defence to an unfair preference claim to show there were no reasonable grounds to suspect the insolvency of the debtor company. Referred to…

Miranda Klibbe, Graham Roberts, Rocco Russo, Ben Williams

Statutory demands and disputes regarding the meaning of a contract

Australia - July 9 2019 A recent court decision considered whether arguments about the meaning of the contract constituted a genuine dispute for challenging a creditor’s…

Miranda Klibbe, Graham Roberts, Rocco Russo, Ben Williams