Mortgage Default And Claims For Possession
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
As most people understand, if they borrow money on the security of a mortgage, but do not repay the loan, the lender may try to take possession of the security property to satisfy the debt. Generally, lenders must notify an intention to do so. A recent case of Monas v Perpetual Trustees Victoria Limited deals with whether, in relation to a loan subject to the Consumer Credit (NSW) Code, a lender must give notice of default to a borrower in specific terms and, whether, if it does not, the default notice is invalid. Read the rest of this entry »
Billboards And Existing Use Rights
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
The Victorian Supreme Court recently dealt with a case relating to a billboard in suburban Melbourne. APT Outdoor leased roof space at Moray Street, Melbourne and displayed an advertising board from it. The use of the roof had been approved by local government authorities in 1995. Subsequently, legislation relating to development consents inVictoria changed, and the Melbourne City Council tried to make the use of the roof unlawful after March 2009. Read the rest of this entry »
The Perils Of Delay In Court Proceedings
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A recent ACT appeal decision highlights the importance of preparing and pursuing cases in Court quickly, to avoid the risk of a claim (or a defence) being dismissed. In Group Konstrukt Pty Limited v Arrow International Australia Limited, the dispute centred upon whether or not Arrow owed GK around $250,000.00 for carpentry and building work. GK commenced proceedings in May 2008, Arrow filed a defence and counter claim in August 2008 and the matter then essentially meandered through the Court system for the next several years. Read the rest of this entry »
When ‘Private’ Arrangements Are In “Trade And Commerce”
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
Mr T persuaded his partner, Ms C, to invest money in the company, to be incorporated in the future, to acquire and operate a marina business on the Murray River inSouth Australia. Mr T made a number of statements to Ms C which induced her to put money into the venture. They related to how the business would be funded, how control of the business would be shared, and as to the likelihood of the business making a profit and enjoying capital growth. Mr T also claimed to previously have managed a much larger marina business. The investments were duly made, the trading company was incorporated and the business was acquired. It failed four years later. Read the rest of this entry »
The “Cause” Of Loss In Misrepresentation Cases
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A past article dealt with Taylor v Crossman (No. 2), a case involving misrepresentations made by Mr T, to his life partner Ms C, which induced her to invest money in a company that was to be created to purchase a marina business inSouth Australia. Mr T was found liable for misrepresentation and his appeal on the grounds that what he said was either of a private nature, or was not in trade and commerce, was dismissed. Read the rest of this entry »
Still Breed them Local after 30 Years
Newcastle law firm introduces newly appointed Associate Directors
Mullane & Lindsay has announced the appointment of two new associate directors, both by internal appointment.
Michael McGrath practices in property and commercial law, with a particular emphasis on commercial leasing and on the tax implications of various transactions. Michael has been with the firm for 10 years.
Kristy Nunn works primarily in the area of civil litigation, and has particular expertise in professional indemnity and insurance claims generally. Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 2
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
In part 1, our article informed of circumstances where a term of bankruptcy may be increased from 3 years to 5 years. In some circumstances, the period of bankruptcy can be extended up to 8 years if the bankrupt contravenes any of the following: Read the rest of this entry »
Bankruptcy – How Long Does it Last ? Part 1
Robert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.
Usually, if an individual becomes bankrupt then the term of the Bankruptcy is 3 years. However, the term of the bankruptcy can be extended to 8 years in total if a Trustee in bankruptcy lodges an objection to the discharge under Section 149B of the Bankruptcy Act 1966. The bankruptcy can be extended up to 5 years if the individual who is bankrupt contravenes any of the following: Read the rest of this entry »
Personal Property Securities Reform
By Michael McGrath
Michael McGrath is an Associate Director at Mullane & Lindsay in Newcastle and specialises in our Commercial, Property & Estates Law Team.
The Personal Property Securities Act is due to commence in early 2012 (“PPSA”). The PPSA creates a national registration scheme for security interests in personal property and replaces the current various ad hoc registers of the various states, territories and commonwealth. The aim of the PPSA is to improve the ability of individuals and businesses to use all their assets to raise capital by streamlining the process of registering security interests in personal property.
Personal property is defined in the PPSA as any form of property other than land. It includes tangibles such as machinery, crops and livestock and intangibles such as licences, intellectual property and contractual rights. A personal property security is defined in the PPSA as an interest in personal property which secures payment or the performance of an obligation. A common example of a personal property security would be a personal loan secured over a motor vehicle (and therefore will replace the REVS register in NSW). Other examples include fixed and floating charges, chattel mortgages, bills of sale, finance leases, consignment (or retention of title agreements) and factoring of book debts. Read the rest of this entry »
Consequences of Negotiating Major Changes to a Contract
Tony Cavanagh is a Director at Mullane & Lindsay in Newcastle and is one of LawCover’s panel solicitors.
A recent Supreme Court case from Queensland looked at the consequences of negotiating major changes to a contract, prior to a deal being struck.
Under Queensland law it is a requirement that a “warning statement” be given by a vendor, and signed by the purchaser, before entry into a contract for the purchase of residential property. That occurred in this case. However the vendor then wanted to make some substantial changes to the contract document. These were made, but no new “warning statement” was attached to the amended contract, or signed by the purchaser. Instead, the initial warning statement was simply attached to the new document. Read the rest of this entry »