Publications

Date Title Author Practice Area
18 Oct 2017

Court of Appeal considers signatories to loan agreement personally liable

It is common for directors of a corporate borrower to be required to give guarantees in support of the borrower's obligations. It is not unusual for such guarantees to be...

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Banking, Finance & Property
25 Sep 2017

The sun sets on test case

Kemp Strang recently acted in an important case on the new laws relating to sunset clauses under off the plan contracts for sale. The case settled during the course of the...

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Dispute Resolution & Insolvency
15 Sep 2017

Justifiable doubts – questioning the repeat appointment of arbitrators

It is critical to the integrity of the commercial arbitration process that the arbitrator is both impartial and seen to be impartial. One factor that can affect the perceived...

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Elliott Smith Dispute Resolution & Insolvency
12 Sep 2017

NEWS FLASH – Upstream Liability of Holding Companies and Franchisors for Exploited Workers

On 5 September 2017 the federal government made historic changes to the Fair Work Act 2009 (Cth) (FW Act) to introduce upstream liability for holding...

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Employment
06 Sep 2017

Surcharging Ahead

All Australian merchants (other than the taxi industry) are now prohibited from charging excessive surcharges for accepting certain payment methods.

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Banking, Finance & Property
04 Sep 2017

A gift or a loan? A lender's right to change their mind

Kemp Strang has been successful in appealing a judgment of the Supreme Court of NSW that has significant implications for lending between family members, particularly...

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Dispute Resolution & Insolvency
31 Aug 2017

Anytime, Anywhere Banking for all Australians: Open 24/7

Open Banking Update

Open Banking represents a social, technological and ideological shift in banking and earlier this month the Commonwealth Government released an "...

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Banking, Finance & Property
24 Aug 2017

Can a borrower sue a lender after discharge of its mortgage?

A recent decision in the Supreme Court of NSW reinforced existing authority that, once a borrower has paid out its mortgage, it has limited rights against the lender....

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Phil Kaunitz Dispute Resolution & Insolvency
22 Aug 2017

NEWS FLASH – Trust and Capital Raising Alert

ASIC has finally taken steps to close a loophole in the capital raising rules. Although the actions were taken to close down the controversial fund raising activities of...

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Ivan Oshry Corporate Advisory
04 Aug 2017

Changes to Conveyancing Legislation

On 1 September 2017 the Conveyancing (Sale of Land) Regulation 2017 (Regulation) will come into effect. The Regulation repeals and replaces the C...

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Roger Mattar Banking, Finance & Property
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