Mortgagees should be aware of the recent Court of Appeal decision in Burness v Hill [2019] VSCA 94, which considered the doctrine of marshalling. A solicitor, Hill, held a second mortgage over Property A, belonging to his client, Love, to secure payment of legal fees. The CBA held a first mortgage over Property A and […]
Tag Archives: Equity
In the light of a recent Court of Appeal decision, great care should be exercised in choosing the court in which to issue proceedings claiming an equitable interest in the property of a bankrupt. In Turner v Gorkowski [2014] VSCA 248, the Victorian Court of Appeal transferred to the Federal Court a Supreme Court proceeding in […]
It’s been almost five years since the High Court confirmed that Australian law does not recognise a standalone legal doctrine of waiver, Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570. Waiver is really a shorthand description of the result of the doctrines of election, estoppel, variation by contract and release. As Gummow, […]
Equity, Trusts and More 