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: Travis Mitchell
On 20 November 2013 I will be presenting a seminar and workshop for CPDS in Melbourne, titled ‘When Small Business Relationships Go Sour’. Although framed in a small business context, the focus is on ending business structures and recovering assets, and is equally applicable to larger structures. I will cover corporations, trusts and partnerships. 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 