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Searching Content indexed under Charges, Mortgages, Indemnities by Swaab ordered by Published Date Descending.
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1
Pri­or­i­ty notices: Pru­dent or impractical?
Priority notices are cheap but temporary, so if there is a caveatable interest, perhaps a caveat should be preferred.
Australia
25 May 2019
2
A caveat on caveats
Caveats can be a cost-effective way to alert people that you have a legal or beneficial interest in a piece of property.
Australia
28 Mar 2019
3
Cross all Ts, dot all Is: Personal guarantees gone wrong
This case highlights that creditors must get personal guarantees right or they may risk not being able to enforce them
Australia
3 Dec 2018
4
Establishment fees in private financing transactions
In this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.
Australia
19 Jul 2018
5
Penalties in contracts
A provision in a contract, that seeks to impose a penalty on a contracting party in breach, is not enforceable.
Australia
24 Aug 2016
6
Swimming with sharks: How to avoid getting bitten when it comes to funding start-up businesses
Recent research has shown that the number of start-ups in Australia is on the rise.
Australia
29 Mar 2015
7
Open for Registration of Interest...PPSA - The Ups and Down of Transition
Some outcomes highlight the importance of considering whether you should be registering certain security interests.
Australia
14 Jun 2012
8
Still haven't found what I'm looking for...Teething problems with the PPSR
More than three months after the go-live, significant problems persist with the reliability of the PPSR.
Australia
19 May 2012
9
Will your Business be Affected by PPSA?
The Personal Property Securities Act 2009 establishes a new nationwide regime regulating interests in personal property.
Australia
21 Jan 2012
10
PPSA terminology
When it is implemented, the PPSA will introduce an assortment of new terminology.
Australia
16 Sep 2011
11
High Court Rules On Octaviar And Decides That "Variation In The Terms Of The Charge" Indeed Means "Variation In The Terms Of The Charge"
The 1 September 2010 High Court decision in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29 confirms a return to stability in the long accepted practices surrounding registration and notification of changes to charges over company property.
Australia
27 Sep 2010
12
ASIC Reluctantly Bears The Costs Of A Failed Asset Preservation Order
In a recent decision of the Supreme Court of New South Wales, Young CJ in Equity ordered the Australian Securities and Investments Commission (ASIC) to pay the costs of a defendant who was subjected to orders, obtained by ASIC ex parte, pursuant to section 1323 of the Corporations Act 2001 (Cth), that she be restrained from dealing with her property.
Australia
6 Feb 2009
13
Security Shake Up - The Personal Property Securities Bill
Personal property security (PPS) law is facing a major overhaul with the Personal Property Securities Bill 2008 set to replace over 70 pieces of Commonwealth, State and Territory Legislation.
Australia
28 Aug 2008
14
Corporate Law Update: Debt v Equity
In times of cyclical downturn and adverse operating conditions, companies are vulnerable if they have a high exposure to debt.
Australia
20 May 2008
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