Banking

Mortgagee’s Power of Sale

Leave a Comment / Consumer, Dispute, Neighbourhood / By Fletch

With interest rates rising, we revisit the obligations on banks when exercising a power of sale.

Sale by Bank for due to Unpaid Mortgage

Consumer, Dispute, Investment / By Fletch

On 25 March 2021 the Queensland Supreme Court ruled on the sale of property by a mortgagee bank in possession. In the case, HSBC Bank v Wang, the borrowers fell behind in their repayments and the bank obtained an order for possession in early 2020. After taking control of the property, the bank listed the

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What is a Change of Control
Where a party to a contract is an incorporated company, any restriction on the assignment of the contract may be circumvented by transferring the shares in that party
Leasing Types and Legislation
A lease is the grant of an exclusive right to the use and occupation of land or part thereof, or of a building of part thereof. A lease
Restraints of Trade and Non-Compete Clauses
The Australian Government is soliciting feedback on worker non-compete clauses. This follows a U.S. policy banning non-compete clauses. In Australia such clauses are currently considered contrary to public policy unless reasonable.
Notarisation and Certified Copies
Requests generally ask for a “certified copy”, or less commonly a “notarised copy”. What does that mean?
Negotiable Instruments
A negotiable instrument is a signed document guaranteeing payment to a specific party. Additionally, debentures are regulated as securities under the Corporations Act.