Publications

Date Title Author Practice Area
27 Apr 2016

Forge Group Power Pty Limited (In Liquidation) (Receivers and Managers Appointed) v General Electric International Inc – The Meaning of "Regularly Engaged in the Business of Leasing Goods" and "Fixture" Under the Personal Property Securities Act 2009

Introduction

The New South Wales Supreme Court's decision in the case of Forge Group Power Pty Limited (In Liquidation)(Receivers and Managers Appointed) v General...

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Banking, Finance & Property
31 Mar 2016

When Liquidated Damages become a Penalty?

Since the High Court case of Andrews v ANZ Bank (1) was handed down in 2012, a great deal of legal uncertainty followed in respect of the enforceability of certain...

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Roger Mattar Banking, Finance & Property
31 Mar 2016

Liquidator's consent of "significant weight" in an application to terminate a winding up order

Westside Sugar Cane Juicery Pty Ltd [2015] NSWSC 1991

Kemp Strang acted for the Liquidator in an application in the Supreme Court by the director of...

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Dispute Resolution & Insolvency
31 Mar 2016

Enforcing mortgages and loan documents with allegedly forged signatures

Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited [2016] NSWSC 188

Introduction

Australia and New...

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Dispute Resolution & Insolvency
31 Mar 2016

Valuer Negligence – The Court of Appeal comments on the "no transaction" defence

Cummins Generator Technologies Germany GmbH v Johnson Controls Australia Pty Limited [2015] NSWCA 264

Introduction

In litigation where a lender sues...

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Dispute Resolution & Insolvency
03 Mar 2016

Strata Reform

By Roger Mattar, Partner (with assistance from Georgia Videan, Law Clerk)

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Roger Mattar Banking, Finance & Property
20 Jan 2016

Banking on Hotels in 2016

Background

As an asset class Australian hotels, particularly those in our capital cities, have been hot property in recent years and according to the expert...

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Matthew Wilson Banking, Finance & Property
20 Jan 2016

Surety and Bank Facilities

The last few years has seen an increasing level of participation by surety providers in syndicated bank facilities. From the bank perspective this has been a response to...

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Banking, Finance & Property
24 Dec 2015

Together We Stand, Divided We Vote

ASIC has recently updated its guidance on collective action by investors (contained in Regulatory Guide 128 Collective action by investors (RG 128)).

...

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Corporate Advisory
24 Dec 2015

High Court Reinforces Approach to Construction of Commercial Contracts

The High Court recently considered the construction of commercial agreements and took the opportunity to restate the legal principles governing the interpretation of commercial...

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Corporate Advisory
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