• Mortgage Fraud – Should the Solicitor for the Mortgagor Verify ID for the Mortgagee?

    mitigate fraud identification

    In short, the answer to this question is no! Under no circumstances should the mortgagee ask, or indeed rely upon, the solicitor for the mortgagor to act as its agent for VOI purposes. The reason for this is obvious; there is an untenable and irreconcilable conflict of interest in the solicitor for the mortgagor donning two hats and purporting to act for both the mortgagor and mortgagee.

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  • Removal of Caveat Application by Property Developer Succeeds

    removal of caveat property developer

    In Thompson DK Properties Pty Ltd as trustee for the Thompson DK Discretionary Trust No 7 v Brown, the Supreme Court of Queensland considered a removal of caveat application from a property developer. The builder had lodged the Caveat over the development property.

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  • Lender’s Claim to Surplus Funds Paid into Court Fails

    surplus funds

    In the recent case of Secure Loan Solutions Pty Ltd v Smith [2018], the Victorian Court of Appeal heard a lender’s application for leave to appeal a decision concerning surplus funds paid into court following a mortgagee sale.

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  • What Principles Apply to the Extension of Caveats?

    extension of caveats

    In the recent Supreme Court of Western Australia decision in Conroys Smallgoods Pty Ltd v Tomlinson [2018] WASC 21 the application for the extension of caveats came under the spotlight.

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  • Privacy Compliance Checklist – Does Your Company Comply?

    privacy compliance

    Does your organisation have a privacy compliance programme? 2018 has seen a significant escalation in privacy and data protection regulations both in Australia and internationally. These new compliance obligations can be tricky to navigate, but businesses need to ensure they are in line with current privacy laws.

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  • Unfair Contract Terms for Small Businesses Tested in Court

    unfair contract terms

    Since the Australian Consumer Law was amended to include protections for small businesses from unfair contract terms in November 2016, the Australian business community has eagerly awaited the testing of the new regime.

    In Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 the ACCC contended that a number of terms in a standard form contract were “unfair” with regards s 24 of the ACL.

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  • Improper Conduct Results in Court Awarding Indemnity Costs

    indemnity costs

    In a recent case the Supreme Court of Victoria considered orders for indemnity costs following a debacle concerning a property settlement.

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  • Competing Equities Dispute: What Determines Priority?

    competing equities

    The recent WA Supreme Court case of Bunnings v Hanson Construction [2017] considers a competing equities dispute between two suppliers.

    The decision serves as an important reminder for businesses who supply goods or services on credit to be aware of the factors courts take into account in determining priorities between equitable interests should the debtor’s assets be insufficient to cover the debts of all creditors.

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  • Short Term Loan Transaction Fails: Is Borrower Liable?

    short term loan transaction

    Lender fails in attempt to have fees paid due to a short term loan transaction not proceeding. The Supreme Court of NSW dismissed the lender’s claim of fees and expenses.

    In Interim Finance v Bright Beginnings Learning Centre Glendenning [2018] the Court found the lender did not have a caveatable interest in the security property. Further, the Court ordered the removal of the caveat registered over the property.

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  • Removal of Caveats: Application Dismissed

    In a recent ruling, the Supreme Court of Queensland dismissed an application for the removal of caveats over a number of properties.

    In DT & MF Holdings v Ascendia Accountants [2017], the Applicants needed to establish that there existed no serious question to be tried. All attempts to do this failed.

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Solutions. Not just advice