• High Court Clarifies the Operation of the Penalties Doctrine

    penalties doctrine

    High Court clarifies the operation of the penalties doctrine in Australia.

    In Andrews v Australia and New Zealand Banking Group Limited [2012] HCA 30 the High Court of Australia held that a fee could be characterised as a penalty even though it was payable without there being any breach of agreement.

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  • Mortgage Fraud: Dangers Inherent in “All Monies” Clause

    mortgage fraud

    Mortgage Fraud. Lenders again warned of the dangers inherent in seeking to rely on an “all monies” clause contained in a mortgage.

    In the matter of Perpetual Trustees Victoria v English & Anor [2010] NSWCA 32, the Supreme Court of New South Wales was once again required to consider the enforceability of a registered mortgage that had been fraudulently executed by a co-owner.

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