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Funding voidable transaction proceedings

Australia - March 1 2018 In good news for liquidators, the Federal Court’s decision in Marsden (liquidator) v CVS Lane PV Pty Limited Re: Pentridge Village (in which Dentons…

David McIntosh, Justin Bates, Michael Collins.

Shifting the onerous: onerous land disclaimed by bankruptcy trustees can also become onerous for lenders

Australia - August 24 2017 This update deals with “onerous property” and the issues involved when a trustee in bankruptcy disclaims onerous land, including the potential impact…

Hector West, Michael Collins.

High Court upholds rejection of argument 2% default interest is a penalty

Australia - March 6 2017 At the end of November 2016, in a good news story for lenders, we reported on a victory in the NSW Court of Appeal where the court held the…

Helen Van Ravels.

Penalty doctrine rejected: Arab Bank Australia Ltd v Sayde Developments Pty Ltd [2016] NSWCA 328

Australia - November 30 2016 In what will be further good news for lenders, the NSW Court of Appeal has recently held that the application of a 2% default interest margin under a…

Helen Van Ravels.