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Editorial Notes On Banking And Finance

Decent Essays

General Editor’s note Welcome to the final issue of the Australian Banking and Finance Law Bulletin for 2017. It is rather unimaginable that the year is already drawing to a close – again! This is the holiday edition of the bulletin, and we have some great articles that will stimulate our minds by providing timely commentary on recent decisions and practical guidance on handling legal and commercial issues. This month, first up is Editorial Board member Leonie Chapman (LAWyal Solicitors). Earlier this year, the Australian Securities & Investments Commission commenced civil penalty proceedings in the Federal Court of Australia against Westpac Banking Corporation. Why? This was about alleged contraventions of home-loan responsible …show more content…

Very helpfully, the authors list the five relevant questions that must be determined, and if the answers to them are yes, then the transaction constitutes a PPS lease. I am sure you will want to read this article to learn more about these five questions, and more broadly, about PPS leases in general. Associate Professor Lee Aitken (TC Beirne School of Law, University of Queensland) observes that recent decisions show that there are continuing difficulties which arise in relation to the identification of a security by way of equitable charge, as opposed to a mere entitlement to lodge a caveat. In his article “Equitable charge, caveatable interest, and other security issues”, Lee looks at decisions where the courts had to determine a range of matters, including the scope of the property caught by an equitable charge and how may it be enforced, whether a party’s contractual entitlement to “lodge a caveat” necessarily bring with it an equitable charge over property, whether a “joint venture” give one “venturer” an equitable proprietary interest which will support a caveat, and whether a promise to provide a registrable mortgage at some future time enforceable. My thanks to Lee for another great article that considers authority in an interesting and practical way. Finally, I am pleased to bring back the popular book

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