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BANKING & FINANCE NEWSLETTER
MARCH 2007 |
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WELCOME
Sebastian
Saccuzzo, Partner
Welcome
to the first edition of Russell Kennedy's online Banking &
Finance Newsletter. Having access to current and informed
legal updates has far-reaching consequences, not only for
those working directly in the industry, but also for those
that then need to inform their clients. As a result, we have
developed our newsletter targeting information on select and
topical issues related to legal issues affecting the banking
and finance industry. Our significant practice group comes
with a wide range of banking and finance experience. In this
edition, we have included team member brief profiles (click
here). As this is our first edition, we welcome your
feedback and suggestions on the type of information and
topics that you would like to see covered in future
editions. We will endeavour to be responsive to your needs. |
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LENDERS
BEWARE: BORROWERS MAY NOT HAVE TO PAY
Jonathan
Teh, Articled Clerk
As rising interest rates stretch
borrowers to their limits, lenders need to be wary of
borrowers with no income to repay a loan secured over their
only residence.
Between 1996 and 2006, the New South Wales courts have
refused to allow lenders to enforce a mortgage in such
circumstances. There is a real risk that these secured loans
are set aside, leaving lenders exposed to unsecured loans
where the borrower need not repay.
Click here to read more... |
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AVOIDING THE PITFALLS IN USING INTELLECTUAL PROPERTY AS
SECURITY
Craig
Subocz, Solicitor
Small and medium enterprises (“SMEs”) are becoming
attuned to the notion that their intellectual property (“IP”)
is valuable. Therefore, there is a growing trend of IP
being offered as security in exchange for finance.
Click
here to read more... |
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WHEN THREE'S A CROWD IN MARRIAGE BREAKDOWN
Helen
Mastos, Solicitor
Lending
institutions have rarely been a part of Family Court proceedings.
However, since 17 December 2004 they are becoming increasingly involved
as amendments to the Family Law Act now enable the Court to make
orders affecting their interests.
Click
here to read more... |
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Russell Kennedy is
pleased to welcome Helen Mastos to the banking and finance team. Helen
has over 10 years experience in providing advice to and conducting
litigation on behalf of public and private corporations, insurance
companies, small businesses, company directors, insolvency practitioners
and private individuals in all jurisdictions, including the High Court
of Australia. Helen’s main areas of practice are enforcement of
securities and collection of debts on behalf of lenders, bankruptcy and
winding up proceedings, advising insolvency practitioners and general
commercial disputes including directors’ disputes, building disputes and
trade practices disputes. In representing her clients, Helen’s focus is
on achieving the best commercial result.
Click
here to read further team member profiles... |
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SPECIAL ANNOUNCEMENT
We are pleased to announce that Russell Kennedy now has a Migration
Law practice. We can offer you or your company assistance with visa
applications or general advice in respect of migration categories
including:
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business and skilled
migration;
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family migration; and
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temporary migration.
For further information
please contact:
Emma Dunlevie, Lawyer and Migration Agent (Registration No. 0640946)
T: +61 3 9609 1558
E:
edunlevie@rk.com.au
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Copyright 2007 © Russell Kennedy.
The information contained in this publication is intended as
general commentary and should not be regarded as legal
advice. Should you require specific advice on any of the
topics or areas discussed, please contact the author
directly.
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