DLA Piper | Australia | 29 Jul 2016
On 21 July 2016, the Victorian Court of Appeal confirmed that a guarantee and indemnity provided by an individual was invalid on the basis that NAB…
The Commercial Bar Association of Victoria | Australia | 24 May 2016
A decision of the Court of Appeal puts a bank on the hook to guarantors following a flawed assessment of the borrower’s capacity to repay, thanks to…
Cooper Grace Ward | Australia | 27 Nov 2014
In the recent case of Commonwealth Bank of Australia v Doggett the Supreme Court of Victoria held that certain provisions of the Code of Banking…
Gadens | Australia | 10 Nov 2014
In March 2013, the Supreme Court of Victoria held that a landlord can call on a bank guarantee if the landlord claims in good faith that there has…
The Commercial Bar Association of Victoria | Australia | 28 May 2014
Guarantors commonly have some association or relationship with a principal debtor. If proceedings are taken against a principal debtor, but not a…
Norton Rose Fulbright | Australia | 13 Feb 2014
Mainstream (Aust) Pty Ltd v Gilpip Bayside Projects Pty Ltd [2013] VSC 610 is the most recent in a long list of cases which considers the restrictions…
Holding Redlich | Australia | 10 Apr 2013
In the recent decision of Other Group Pty Ltd v Wylaars & Anor [2013] VSC 98 the Supreme Court of Victoria confirmed that a lessor has an almost…
Hall & Wilcox | Australia | 26 Sep 2011
Lenders in the agricultural sector need to become aware of new obligations prescribed by the Farm Debt Mediation Act 2011 (Vic) (Act) as all farm mortgages in existence will be covered by the Act.
Clayton Utz | Australia | 6 May 2011
Guarantees in commercial contracts will need to be carefully reviewed to ensure the guarantor isn't liable for the payment of a non-existing obligation.
Clayton Utz | Australia | 17 Dec 2010
The Victorian Civil and Administrative Tribunal is the correct tribunal to hear a dispute between a landlord and guarantor of a tenant's obligations under a Victorian retail lease.