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Another case on mortgage fraud, but are you listening?

A two lenders loaned on the same property, to the same fraudster but experienced different results when they attempted to enforce their mortgages. One was able to enforce his mortgage and the other had its mortgage declared a nullity. The only difference was the drafting method adopted.

When is a farm not a farm? Guidance from the Court of Appeal

A radical experiment by the NSW legislature in the form of the Farm Debts Mediation Act to force creditors and farmers to mediate is now 12 years old. The New South Wales Court of Appeal, has recently given a new twist to what constitutes a farm debt for the purposes of the Act holding that …

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