Mali Karunaratne
Cooper Grace Ward
Articles
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…
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…
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…
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…
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…
