Litigation

Harmonisation of law and practice on personal property securities under the Personal Property Securities Act 2009 (PPSA)

15/07/2010

ViewThe Personal Property Securities Act is expected to commence in May 2011 and will have a dramatic impact on the Australian legal landscape. It draws on similar reforms in New Zealand, Canada and the USA.

Part payment of debts - should you deposit that cheque?

17/06/2010

ViewCan a debtor make a part payment of a debt and stipulate that by banking the cheque, the creditor accepts that the debt has been paid in full?

Case note on Perpetual Trustee Ltd v Baranov [2010] VSC 18

19/05/2010

ViewThe Victorian Supreme Court has confirmed that a mortgagee may enforce its rights against a mortgagor’s home even if the mortgagee could have enforced its rights against other properties.

Bankruptcy notices

30/04/2010

ViewPeople who commit acts of bankruptcy are liable to be made a bankrupt. Various acts of bankruptcy are set out in section 40(1) of the Bankruptcy Act 1966 (Cth).

Voluntary administration and deeds of company arrangement

19/04/2010

ViewIn many circumstances, a Deed of Company Arrangement (DOCA) may enable a company to rectify its previous precarious financial position as a result of creditors agreeing to compromise some portion of their debts.
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