• Solicitor’s Certificate: Do These Cure Undue Influence?

    solicitor's certificates

    Solicitor’s Certificates – Do these cure undue influence, and does the solicitor advising a guarantor need to be independent from the borrower?

    These issues were dealt with by Justice Applegarth in McIvor v Westpac Banking Corporation [2012] QSC 404. It affirms how vital it is for lenders to ensure that all borrowers and guarantors receive independent legal advice in relation to their rights and obligations under loan agreements and mortgages prior to funding. His Honour also confirmed that it is not necessary for the solicitor advising the guarantor to be independent of the borrower.

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