Mortgages & Securities Law and lawyers

Australian securities law relates to securities issued by corporations as well as other securities, including debentures, stocks and bonds issued by governments, and interests in managed investment schemes.

Australian securities regulation rests on the principle that "financial markets cannot function effectively unless participants act with integrity and there is adequate disclosure to facilitate informed judgements".As a result, many of the regulatory rules governing dealings in securities are part of a broader framework that governs financial products, financial services and financial markets.

Mandatory disclosure and conduct regulation underlie much of Australia's securities regulation.

False trading, fraudulent dealing, and insider trading are dealt with to prevent improper practices in connection with securities markets. A licensing system operates to ensure securities markets are fair, orderly and transparent. At the same time, securities law is also facilitative, allocating rights and duties in conjunction with general contract law. It also allows for a degree of self-regulation, by the operation for example of an independent securities exchange.

Australian securities law has been substantially modernised in recent years. The core of these laws are found in the Corporations Act 2001 (Cth), which contains provisions governing takeovers, fundraising, and financial products, services and markets.

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.

The main body of substantive law about securities is found in the Corporations Act 2001 (Cth), as well as the regulations made under that Act. Whilst much of the law is derived from earlier regulation (especially the bust in Australian mineral stocks of the late 1960s), the sections relating to securities regulation have been subject to recent amendment. The takeovers provisions were substantially re-written by the Corporation Law Economic Reform Program Act 1999. Changes to financial products, financial markets, and financial services were introduced by the Financial Services Reform Act 2001 (Cth)

The resolution of disputes is confided to the Federal Court and the Supreme Courts of the States and the Northern Territory, with other courts having some powers to apply the securities legislation.

Mortgage Law

A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.

The Australian Consumer Law

On 1 January 2011 the Australian Consumer Law (ACL) commenced.

The mortgage industry is governed by the ACL and other relevant laws and regulations related to lending practices of lenders, banks and mortgage companies. There are laws as well to protect consumers or borrowers and their financial information. These laws are predominately contained under the ACL.

For further information please see "Consumer Protection Law & Lawyers" and "Consumer Credit Law & Lawyers".

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.

 

Further Resources - Mortgages & Securities Law and lawyers

Mortgages & Securities Law and lawyers News

News updates and further information - Mortgages & Securities Law and lawyers

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.

What are personal property securities?

Personal property is any form of property other than land, buildings or fixtures which form a part of that land. It can include tangibles such as cars, art, machinery and crops; as well as intangibles such as intellectual property and contract rights.

A personal property security is when a secured party takes an interest in personal property as security for a loan or other obligation, or enters into a transaction that involves the supply of secured finance.

An example is when a person borrows money from a bank and offers it as collateral or security for the loan. The bank’s interest over the collateral is a personal property security.

Personal property securities (PPS) reform

Personal property security (PPS) reform brings the different Commonwealth, state and territory laws and registers regarding security interests in personal property under one national system. PPS reform introduces the Personal Property Securities Act 2009 (Cth) and a single national online PPS Register.

Personal Property Securities Register

The PPS Register will allow lenders and businesses to register their security interests. Secured parties, buyers and other interested parties can search the PPS Register to find out if a security interest is registered over the personal property.

The PPS Register is established and maintained by the PPS Registrar.

Registration commencement time

The PPS Act and PPS Register are scheduled to commence from the registration commencement time, which will be in early 2012. Attorney-General, Robert McClelland will make a determination under the Personal Property Securities legislation that will set the actual date for the PPS Register commencement.

What happens to existing security interest registers?

As a consequence of PPS reform a number of existing Commonwealth, state and territory personal property security registers will close. Security interests which are currently registered on those registers will generally be migrated to the national PPS Register.

The following registers are currently in scope for migration. Any registers not listed below will not be migrated.

Commonwealth

•Australian Register of Ships (mortgages only)
•ASIC - Register of Company Charges (including provisional charges)
•Fisheries Register

New South Wales

•Register of Encumbered Vehicles (REVS NSW)
•Security Interest of Goods Register:
•stock mortgages originally registered under the Liens on Crops and Wool and Stock Mortgages Act 1989
•Bills of Sale from 1 January 2000
•current crop mortgages and all other interests registered under the Security Interests in Goods Act 2005
•Register of Co-operative Charges

Queensland

•Register of Encumbered Vehicles (REVS Qld)
•Bills of Sale Register (including Register of Liens on Crops of Sugar Cane)
•Register of Co-operative Charges

South Australia

•Vehicle Securities Register
•The following registers maintained by the General Registry Office:
•Bills of Sale Register
•Stock Mortgages and Wool Liens Register
•Liens on Fruit Register
•Register of Co-operative Charges
Tasmania
•Register of Vehicle Security Interests
•Register of Bills of Sale, Stock, Wool and Crop Mortgages and Co-operative Charges

Victoria

•Vehicle Securities Register
•Register of Liens on Wool and Stock Mortgages (stock mortgages only)
•Register of Co-operative Charges
Western Australia
•Register of Encumbered Vehicles (REVS WA)
•Bills of Sale Register
Australian Capital Territory
•Register of Encumbered Vehicles (REVS ACT - from REVS NSW)
•General Register of Deeds and Instruments
•Register of Co-operative Charges
Northern Territory
•Register of Interests in Motor Vehicles and Other Goods (REVS NT - from REVS NSW)
•Lands Titles Registration and General Registry Office (Bills of Sale and stock mortgages)

The number of registers currently in scope for migration has reduced from the original number of 40 for the following reasons:

•Migration will not occur from registers which do not provide priority by registration – because this would disadvantage secured parties who had elected not to register.
•The PPS Act will not apply to some of the originally listed registers that relate to statutory licences – states and territories can determine through their legislation that the PPS Act does not apply to their statutory licences.
•Victorian agricultural interests ­­– crop and wool liens will not be migrated because they have a maximum period of registration of 12 months. The PPS Act will provide temporary perfection for an equivalent period without migrating the registrations.
•In the case of the Northern Territory Register of Co-operative Charges, there are no registrations.

There is also a new register which, while in scope for migration, will not be migrated because of the late stage at which it will be created. This is the Western Australian Register of Co-operative Charges, which had not been established as at March 2011. However any registrations made on this register before the registration commencement time will be protected as transitional security interests and can be registered free of charge on the PPS Register during the first two years of its operation.

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.

 

Further Resources - Mortgages & Securities Law and lawyers

 

 

Mortgages & Securities Law and lawyers Updates

Breaking a Barrier to Lending

Wed, 03 Aug 2011 06:01:32 +0000

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Head of Basel Panel Defends Proposed Bank Rules

Wed, 22 Sep 2010 09:50:00 +0000

The chairman of the panel that is writing the regulations said the new rules on how much rainy-day capital banks must keep in reserve are more rigorous than they first seem.

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Several Hundred at Bank of America Are Said to Face Layoff

Tue, 21 Sep 2010 01:24:34 +0000

The job cuts are expected to be made in the investment banking unit expanded by the acquisition of Merrill Lynch in 2008.

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Two German Landesbanks in Merger Talks

Mon, 20 Sep 2010 18:55:00 +0000

A combination would create Germany’s third-largest bank and could spur a consolidation of the crisis-prone institutions.

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Bank ‘Bail-Ins’ May Be the Answer

Mon, 20 Sep 2010 05:01:01 +0000

The idea of a bail-in is that a bank’s creditors agree in advance to have a restructuring imposed on them rapidly if the firm hits the skids, averting failure and any systemic fallout.

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Wall Street’s Engines of Profit Are Slowing Down

Mon, 20 Sep 2010 08:46:22 +0000

Inside the great investment houses on Wall Street, business has taken a surprising turn this summer — downward.

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Regulators Ignored Warnings About Afghan Bank

Sun, 19 Sep 2010 07:00:27 +0000

Repeated warnings from Afghan lawmakers and American advisers make it clear that Kabul Bank’s problems were well known before the crisis burst into public view with a run on the bank this month.

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The Goldman Way

Sat, 18 Sep 2010 21:28:13 +0000

Readers respond to an article about the process of becoming a partner at Goldman Sachs.

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These news come from NYT > Mortgage-Backed Securities.

Mortgages & Securities Law and lawyers Links

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Lawyer. Strategic Policy. Australian Securities and Investment Commission .. Group's mortgage aggregators: PLAN Australia; Choice ..


12 August, 2009 Ms Carolyn Morris Senior Lawyer Strategic Policy ..


Ms Carolyn Morris. Senior Lawyer. Strategic Policy. Australian Securities and Investment Commission. GPO Box 9827. Melbourne VIC 3001 ..


Land Title Practice Manual Part 30 - Mortgage Priority


[30-0000]. Amendment of Priority of Mortgages . ... XYZ SECURITIES PTY LTD ACN 400 736 948. 5. Grantee .. by its duly authorised attorney ..


State/territory government taxes and duties - Tax basics for non ..


Queensland does not levy duty on leases, marketable securities, credit card .. stamp duty on mortgages, leases, listed securities and the hire of goods. .. Law Branch, Attorney-General's Department, Robert Garran Offices, ..


Discharge of mortgage - Registrar General's Directions - NSW ..


Not required for a discharge of a mortgage of lease, mortgage, or charge. .. Attorney and witnessed, Solicitor or Barrister, Authorised Officer and .. a discharge executed by the Australian Securities and Investment Commission (ASIC) pursuant ..


Australian Securities and Investments Commission - CP 99 ..


ASIC - Australian Securities & Investments Commission. skip to content .. CP 99 Mortgage schemes—improving disclosure for retail investors. Released 8 July .. Clarke & Barwood Lawyers, 23 July 2008. Deloitte Touche ..


Review of the law on Personal Property Securities - Attorney ..


securities being undertaken by the Standing Committee of Attorneys-General. ... It refers to the taking by sale, discount, negotiation, mortgage, hypothec, pledge ..


EXPLANATORY STATEMENT


- Issued by the authority of the Attorney-General .. The interest of Bank C in the mortgage-backed securities is a security interest to which the Act applies in ..


21 August 2009 Gillian Kreuiter, Acting Senior Lawyer, Strategic ..


21 August 2009. Gillian Kreuiter,. Acting Senior Lawyer,. Strategic Policy,. Australian Securities and Investments Commission,. GPO Box 9827, ..


Pooled mortgage schemes - Australian Securities and Investments ..


Australian Securities and Investment Commission — April 2004. Page 2. Subscribe to the ... staff will see them as "documents for our lawyers". With better plans ..


Superseded Practice Directions: Duties—Office of State Revenue, Qld


70+ items – Number, Name, Description. General. PDF Document.
















Number

 

 


Name

 

 


Description

 

 


DA01.8

 


Adjudication Fees

 


Fees—outlines the circumstances ..

 


DA02.2

 


Treatment of barter or trade dollars

 


Barter trade—are trade dollars ..

 



Lawlink NSW: 11. Investment of Clients' Money


Report 44 (1984) - Fourth Report on the Legal Profession: Solicitors' ... all mortgages and other securities which are held in their name on trust ..


Consultation paper


56C is intended to reduce the incidence of mortgage .. regulations unless the witness was a lawyer acting .. confirm from a current Australian Securities and ..


No. III.


7. And be it further enacted That all bonds mortgages warrants of attorney and other securities not being assignable in law which have heretofore been taken by ..


PERSONAL PROPERTY SECURITIES LAW: A BLUEPRINT FOR ..


Attorneys-General to examine the law relating to securities over personal property with a view to the .. non-possessory securities. 1.3.4 Mortgages and charges ..


Contributory mortgage schemes - Australian Securities and ..


COMPLIANCE PLAN COMMENTARY — CONTRIBUTORY MORTGAGE SCHEMES. © Australian Securities and Investment Commission — April 2004. Page 2. Subscribe to ... will see them as "documents for our lawyers". With better plans ..


Australian Securities and Investments Commission - Senior ..


ASIC - Australian Securities & Investments Commission .. team on work on problems within the mortgage broking industry and home underinsurance. .. Julie is a lawyer and her previous roles as ASIC included Director, Criminal Practice ..


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Australian Securities and Investments Commission September 2008. Page 2. About ASIC .. Regulatory Guide 45. Mortgage schemes—improving disclosure for retail investors (RG 45). ... McCullough Robertson Lawyers. • McMahon Clarke ..


Customer Information Bulletin


Power of Attorney dated 11/08/2011, which is in the form authorised by Victorian legislation and of .. mortgage. The Certificate of Title would normally be in the possession of the mortgagee. .. interests in personal property securities. (PPS) ..


CONTRA PROFERENTEM RULE


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Transfer by way of discharge of mortgage - Registrar General's ..


Note Lodgment of a Discharge of Mortgage form 05DM rather than a Transfer by Way .. Attorney and witnessed, Solicitor or Barrister, Authorised Officer and witnessed .. A transfer may be executed by the Australian Securities and Investment ..


Crop mortgage - Registrar General's Directions


A crop mortgage is an advance of monies or goods that uses a growing crop as a security. .. Australian company, the crop mortgage must be registered with the Australian Securities and .. A power of attorney does not have to be registered.


Stock mortgage - Registrar General's Directions


A stock mortgage is an advance of monies or goods that uses: .. Where the mortgagor is an Australian company, the stock mortgage must be registered with the Australian Securities and .. A power of attorney does not have to be registered.


Land Title Practice Manual Part 50


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Regulatory Guide RG 203 Do I need a credit licence?


Australian Securities and Investments Commission June 2010. Page 2 .. relating to credit contracts, consumer leases, related mortgages and ... gives or sends a notice to a borrower or guarantor on behalf of a lender. Lawyer.


Bills Digest 64, 2011-12 - Personal Property Securities Amendment ..


The purpose of the Personal Property Securities (Registration Commencement) .. there is any mortgage or loan or other financial encumbrance over assets. .. [2] Consistent with that expectation, the Attorney-General stated, ..


Commercial notes


Securities can be obtained over many types of property, including: — real property (land and .. interests in real property (for example, a lease, mortgage or other recognised .. Australian Government Solicitor the leading lawyers to government ..


Aquaculture fish mortgage - Registrar General's Directions


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Committee of Attorneys-General or any individual Attorney-General ... century, securities generally took one of the following four forms: legal mortgage, charge, ..


REFORM OF THE LAW ON PERSONAL PROPERTY SECURITIES ..


Rich Text Format - On 11 April 2006 the Standing Committee of Attorneys-General released an Options Paper entitled "Review of the law on Personal Property Securities".


REPORT TO AUSTRALIAN SECURITIES AND INVESTMENTS ..


1.1. On my recommendation, a system of bi-monthly reviews of run-out mortgage schemes has been put in place by the Australian Securities and Investments ..


Prohibited mortgages


A mortgage is void to the extent that it secures an amount exceeding the sum .. Such securities are used only to enable the lender to threaten ..


Submission: Inquiry into Financial Products and Services in Australia


.. first attracted substantial attention in 2001-2002 when New York Attorney- .. 4 See Press Release, Securities and Exchange Commission, Ten ofNation's Top .. interests ofthe investor that purchased the Mortgage Backed Security (MBS).'" ..


Discharge of mortgage - Registrar General's Directions - NSW ..


WAL Certificate - Required for a discharge of a mortgage affecting the registered holder. .. attorney and witnessed; authorised officer and witnessed. .. lodgment of a discharge executed by the Australian Securities and Investment Commission ..


6 January 2012 - Attorney-General for Australia - Home


New National Personal Property Securities Register to commence 30 January .. The Attorney-General, Nicola Roxon, today announced the new .. Securities Registers, and various other Bills of Sale, stock mortgage and crop ..


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such as mortgages, lease .. the Caveator/Registered Proprietor has revoked a Power of Attorney but has been unable to contact .. In addition, Section 6 of the Chattels Securities Act, creates a securable interest over goods ..


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Rich Text Format - .. illustrate the way in which the PPSA requires radical changes in lawyers' assumptions and .. It would provide a modern and efficient personal property securities .. traditional security interests, such as charges, mortgages and pledges, and ..


Inquiry into older people and the law - Australian Securities and ..


The Federal Attorney General, the Honourable Philip Ruddock MP, has asked the House of .. Australian Securities and Investments Commission June 2007. Page 2 ... commonly eaten away paying off debts, such as the home mortgage, and ..


Print EU-TRA~1.TIF - Australian Securities and Investments ..


Section 93AA. The commitments in this undertaking are offered to the Australian Securities and .. brochure for use by the borrowers of the Reverse Mortgage product; and .. used by Transcomm be reviewed by a lawyer prior to their use, ..


Seniors guide


Reverse mortgages. 33. Going guarantor. 33. Starting a small business. 33. 5. Your health. 35. Health complaints. 35. 6. Your will. 36. Power of attorney. 36 ..


An Act to enable the Proprietors of a certain Joint Stock Company ..


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Incorporated association annual returns : Department of Justice and ..


Home | Justice and Attorney-General Home | Site map | Contact us | Help .. sheet (assets and liabilities); all mortgages, charges and securities ..


Land Title Practice Manual Part 1 Transfer


Confirmation of Identity of Mortgagor by Mortgage Transferee. ... deaths and marriages in the relevant jurisdiction or search from Australian Securities & .. the transferor, the transferor's registered attorney or another suitably authorised officer ..


A report to ASIC on the finance and mortgage broker industry


the Australian Securities and Investments Commission who provided financial .. the Mortgage Industry Association of Australia, the Finance Brokers ... including real estate agents, accountants, lawyers, collection agencies, car dealers, ..


Part 3 Liability of mortgagors of land - NSW Legislation


Principal moneys secured by a mortgage of land include moneys paid by a .. and unless the knowledge and approval of the mortgagor, his attorney or agent, .. under the provisions of the Companies (Registration of Securities) Act 1918, such ..


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Australian Securities & Investments Commission. Visit our website: .. In this situation, refer to Information Sheet 121 What happens if my mortgage is enforced? .. You should speak to a financial counsellor or lawyer immediately. Depending ..


Bills of Sale and Other Instruments Act 1955


Other provisions about registration and registered security interests. 13. Inspecting the .. provisions relating to stock mortgages, liens on crops and liens on wool. Division 2 .. (g) powers of attorney, authorities or licences to take possession of ..


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Acting Senior Lawyer – Strategic Policy. Australian Securities and Investments Commission. GPO Box 9827. Sydney NSW 2001. By email: ..


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- Until the beginning of the 20th century, securities generally took one of the following four forms: legal mortgage, charge, possessory lien and ..


Consultation Paper CP 141 Mortgage schemes: strengthening the ..


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State Revenue Office Victoria - History of State Taxation (About Us)


.. Office, which is initially a branch of the Attorney General's Department. .. duty on mortgages, bonds, debentures and other loan securities, ..


First Mortgage Services Pty Ltd | Office of Regulatory Services


 


Green Paper on Financial Services and Credit Reform


Attorney-General's Department. Robert Garran Offices ... issuing mortgage-backed securities, and have won significant market share from the banks. As a result ..


Review of the law on Personal Property Securities, Discussion ..


In November 2006 the Australian Attorney-General released the first in a ... on Personal Property Securities reform; For example, mortgages, ..


Australian Securities and Investments Commission - Annual ..


Mortgage exit fees, The unfair contract terms provisions in the ASIC Act are new and they .. Lawyer, Investment Managers and Superannuation ..


Crop lien - Registrar General's Directions


Once a crop has been harvested any further securities must be in the form of a bill of sale. .. See s4 Liens on Crops and Wool and Stock Mortgages Act 1898. A lienor, ie the mortgagor, .. A power of attorney does not have to be registered.


Submission: Personal Property Securities (Corporations and Other ..


with the Attorney General's Personal Property Securities Branch (PPS .. party takes a share mortgage over shares owned by the company ..


managed investments liquidity - Australian Securities and ..


(a) what disclosures responsible entities of pooled mortgage schemes should make to members .. than debenture issuers. © Australian Securities and Investments Commission July 2007 .. Anthony Graham, Senior Lawyer. Regulatory Policy ..


Security interest - Registrar General's Directions


A security interest is a bill of sale, mortgage or charge that uses personal chattels, ie goods, .. government securities; sole motor vehicles (the bill of sale may be accepted if other valid .. A power of attorney does not have to be registered.


Refinancing of mortgages statutory declaration


The lender in respect of the new (refinancing) mortgage. I, of. Full name .. Either: a statement from the new lender or an approved agent of the new lender stating that they are satisfied that all the securities connected .. attorney under power.


Purpose - Australian Securities and Investments Commission


Part 7.12 — Offering securities for subscription or purchase. Issued 2/3/2000 .. B which mortgage schemes are regulated as managed investment schemes; ... example some professional associations of lawyers); and ..


Publications&research - AGS publications - Commercial notes No. 29


Papers by AGS lawyers. spacer .. Lee-Sai Choo Senior Executive Lawyer T 08 9268 .. Historically, securities took the form of legal mortgages.


Australian Securities and Investments Commission - Speeches portal


ASIC - Australian Securities & Investments Commission .. Australian Securities and Investments Commission to the Australian Corporate Lawyers .. Putting the 'mort' back in mortgage – a pocket guide to the global credit crisis, an edited ..


Report REP 180 Response to submissions on CP 113 Training and ..


Australian Securities and Investments Commission December 2009. Page 2 .. the training required for financial planners who advise on mortgages; and ... other professionals such as lawyers (who are required to complete 10 hours ..


Australian Securities and Investments Commission - 01/178 ASIC ..


ASIC - Australian Securities & Investments Commission .. to establish real estate, securities and insurance broking businesses for Victorian lawyers. .. and securities dealers;; directors' interests;; information about the mortgage and insurance ..


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m. 28 October 2009. Ms Sophie Waller. Senior Lawyer. Strategic Policy. Australian Securities and Investments Commission. GPO Box 9827. MELBOURNE VIC ..


Consultation Paper 165 Credit assistance for home loans ..


Ms Chloe Youl. Acting Senior Lawyer, Strategic Policy. Australian Securities and Investments Commission. GPO Box 9827 .. RG 206 defines 'mortgage broking services' as providing credit assistance in relation to a credit product where the ..


preliminary policy position - Australian Securities and Investments ..


ASIC proposes that future regulation of mortgage investment schemes be built around two categories: …/2. A S I C. Australian Securities &. Investments ..


Public Rulings: Duties—Office of State Revenue, Qld


DA024.1.1, Concessional ($5) duty on a transfer of mortgage, Mortgage .. certain securitisation transactions in relation to mortgage-backed securities, .. attorney, Liability—clarifies whether a Form 1 Transfer signed by an attorney on behalf of ..


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Consultation Paper 113 Training and competence for credit licensees


Acting Senior Lawyer. Strategic Policy. Australian Securities and Investments Commission .. requirements to be a key person involved in mortgage broking.


Motor Vehicles and Boats Securities Form 1


for the purposes of the Motor Vehicles and Boats Securities Act 1986. In accordance with the .. of sale, mortgage, charge, ... power of attorney can also sign.


Consent of caveator - Registrar General's Directions


For example, a caveator who consents to the registration of a mortgage cannot .. attorney and witnessed; authorised officer and witnessed or; solicitor or barrister. .. by the Australian Securities and Investment Commission (ASIC) pursuant to ..


NSW Court of Appeal - Recent Decisions of Interest - Supreme Court ..


James Hardie Industries NV v Australian Securities and Investments .. Lawyers: negligence; plaintiff obtained order under Family Provision Act 1982 for .. Real property: mortgage; whether "farm mortgage" in the Farm Debt ..


FSU - Australian Securities and Investments Commission


Acting Senior Lawyer. FSU .. Australian Securities and Investments Commission .. Financial Services (Finance f Mortgage Broking) are appropriate minimum ..


Home Loans - Youth Central


A mortgage is an agreement, or contract in writing, that provides security to a lender .. used by banks, real estate agents and lawyers using the A-Z list of definitions. .. Australians Securities and Investments Commission (ASIC) provides you ..


Guidance on Early termination fees for residential loans ..


.. Consultation Regulation Impact Statement – Attorney-General's Department .. ASIC released guidance for mortgage lenders that sets out how .. Securities and Investments Commission Act 2001 apply to mortgage early ..


Consumer guarantees applying to goods : Department of Justice ..


That goods are free of any hidden securities or charges and will remain so. .. Sometimes goods will have a mortgage or security placed on them .. The State of Queensland (Department of Justice and Attorney-General) 2012.


Australian Securities and Investments Commission Corporations ..


The Solicitors Mortgage Investment Company at all times holds a securities .. In this instrument "Law Institute of Victoria" means Victorian Lawyers RPA Limited ..


Bills of Sale Form 1 - Application to register a security interest


Stock mortgage. Sugar cane lien. Wool lien ... Securities Act 1986. Must not include a boat that .. attorney can also sign. By signing this form, the lender ..


Attorney General's Department - 21 October 2009 - Second Reading ..


Existing mortgages over ships, currently registered on the Australia Register of Ships, will be migrated to the Personal Property Securities ..


Chapter 4: Personal property securities - Part A - Business ..


Vehicle Securities Register. – Bills of Sale Register. – Stock Mortgages and Wool Liens Register. – Liens on Fruit Register. – Register of Co-operative Charges ..


Personal Property Securities Regulations 2010


Attorney-General's Department, Canberra .. mortgage-backed security has the meaning given by section 286 of the Duties Act 2001 (Qld).


Report on submissions for CP 89 Unlisted, unrated debentures


Law Council of Australia. • Law Society of NSW. • Lewis Securities Limited. • McCullough Robertson Lawyers. • Momentum Mortgages Limited. • Moodys. • NICRI ..


Australian Securities and Investments Commission - Markets ..


ASIC - Australian Securities & Investments Commission .. General Manager, Mortgage Services, formerly General Manager, Financial .. The panel is assisted in its carrying out its functions by lawyers appointed by ASIC.


Bills Digest no. 60, 2009-10 - Personal Property Securities ..


Personal Property Securities (Consequential Amendments) Bill 2009. Paula Pyburne. Law and .. securities in place of separate registers tracking whether there is any mortgage or loan or .. According to the Attorney-General the current Bill: ..


Securitisation and TOFA (As at 31 August 2011)


Is each mortgage loan a financial arrangement prior to the securitisation? .. Payment of principal and interest on the securities is dependent on the cash .. (a): the execution (where necessary, under a Power of Attorney) and ..


ASIC CLASS ORDER 05/1243 EXPLANATORY STATEMENT ..


Prepared by the Australian Securities and Investments Commission .. mortgage. Section 766B of the Act provides that a person provides financial product advice if they .. valuers, property lawyers, property advisers and property managers.


Personal Property Securities Register | IP Australia


Patent Attorneys · Patents .. The Personal Property Securities Act 2009 establishes a national online PPS Register with electronic .. From 30 January 2012, mortgages and other interests newly recorded on the Patents, Trade ..


VICTORIAE REGINAE


proceeding or prosecution. 4s. All bonds covenants mortgages warrants of attorney and other securities not being assignable at law which have been or which ..


Print this page Reduce font size Increase font size Whole title ..


The provisions of this Division apply to and in respect of mortgages of and charges ... the chargee or the solicitor, attorney or agent of the chargee may make .. surety, or other person, shall be extinguished, and all collateral securities for the ..


Personal Property Securities Law – An Update - Attorney-General's ..


- On 16 May 2008, the Australian Attorney-General, the Hon Robert McClelland MP, released a consultation draft Personal Property Securities Bill 2008 (PPS Bill) ..


Personal Property Securities (Corporations and .. - Comlaw Home


Administered by: Attorney-General's. Incorporated Amendments. Personal Property Securities Amendment (Registration Commencement) Act ..



National Credit Reform - Enhancing confidence and fairness in ..


Attorney-General's Department .. credit card practices, reverse mortgage and equity release products and disclosure that ... similarities in the types of securities used for small business loans (such as the primary residence) ..


Intellectual Property and Personal Property Securities Reform*


Personal Property Securities Branch, Australian Attorney-General's Department. 17 March 2009 ... known as legal mortgages); and. • the assignment of the IP to ..


Parliament of Australia:Senate:Committees:Economics Committees ..


[4] Australian Investments and Securities Commission, Regulatory Guide .. [14] Mortgage and Finance Association of Australia, Submission 1, p. 9. .. they have received written legal advice from lawyers whom the agency is ..


Agricultural goods mortgages - Registrar General's Directions


Agricultural goods mortgages. As from 30 January 2012 the new Commonwealth Personal Property Securities Register (PPSR) replaces existing State ..


Parliament of Australia:Senate:Committees:Privileges Committee ..


.. and dealing in defaulting mortgage securities; a lawful occupation. .. by the administrator of the borrower and the administrator's lawyers.


Personal Property Securities (Consequential Amendments) Act 2009


Personal Property Securities (Corporations and Other Amendments) Act 2010 - C2010A00096 .. Attorney-General's Department, Canberra. Contents ... Omit "except so far as it relates to any unsatisfied mortgage of the ship".


Contact list for consumer complaints : Department of Justice and ..


The Department of Justice and Attorney-General offers a free dispute .. The Australian Securities and Investments Commission deals with ..


ASIC Summer School report 2011 - Australian Securities and ..


This first quote is from the Attorney-General,. Michael .. mortgage backed securities (RMBS) averaged around. 1.8% of .. Mortgage brought with them the Wallis ..


Guide to investment - Australian Taxation Office


A top lawyer and accountant have looked at the investment and they think it's great. ... of investments · Shares and other securities that become worthless. .. money market trust, mortgage trust, unit trust or managed fund such ..


Australian Securities and Investments Commission - 03-400 ASIC ..


ASIC - Australian Securities & Investments Commission .. in the Federal Court in Brisbane against Lawyers Private Mortgages Pty Ltd (LPM), ..


19 September 2011 - Australian Securities and Investments ..


Chloe Youl. Acting Senior Lawyer, Strategic Policy. Australian Securities and Investments Commission. GPO Box 9827. Melbou rne, VIC 3001 ..


Legal obligations of running meetings for an incorporated ..


.. assets, liabilities and mortgages, charges and securities affecting the .. The model rules allow voting in person, by proxy, by attorney or by ..


Bill of sale (ordinary) - Registrar General's Directions


An ordinary bill of sale is a mortgage that uses personal chattels as the security. .. government securities; sole motor vehicles (the bill of sale may be accepted if other valid .. Statutory Declaration: by the mortgagor or their attorney and must: ..


Personal Property Securities Reform – the Australian Experience


Personal Property Securities Branch, Australian Attorney-General's Department. 6 March 2009 ... known as legal mortgages); and. • the assignment of the IP to ..


Real Property or 'Torrens Title' Act 1858 (SA) [transcript - pdf]


"Mortgage" shall be applicable to every charge on, or interest in land, ... any land so advertised as aforesaid, or for the attorney of any person having or claiming ... Securities: Provided always that in case of deficiency in such Assurance ..


Financial System Inquiry (Wallis Report) - Submissions, Speech


Attorney-General's Department. AusAsean Services .. Austraclear Ltd. Austral Mortgage Corporation .. Registered Australian Mortgage Securities. Corporation ..


Hon. John Rau, MP - Government of South Australia


Attorney

General, Action for Breach of Promise of Marriage (Abolition) Act 1971. Acts Interpretation Act 1915 .. Personal Property Securities (Commonwealth Powers) Act 2009 .. Stock Mortgages and Wool Liens Act 1924. Strata Titles Act ..


Submission: Personal Property Securities (Corporations and Other ..


This matter has been informally raised with the Attorney-. General's Department and .. mortgage over a single asset with a corporate grantor ..


What you need to know about the new Personal Property Securities ..


A new national register of personal property securities (PPS) is scheduled to start in .. Wool and Crop Mortgages and Co-operative Charges, and Australian .. This text has been approved by the Attorney-General's Department for publishing.


Australian Securities and Investments Commission - 05-310 ..


ASIC - Australian Securities & Investments Commission .. It also charged some customers legal fees when Cash King did not use a lawyer, and therefore .. for information on different loans and tips for using mortgage brokers.


Trustee Act 1925 - NSW Legislation


14F Investment in securities under Reserve Bank RITS system .. 34 Release of equity of redemption in discharge of mortgage debt .. 58 Powers of attorney ..


Companies & Securities Legislation (Miscellaneous Amendments ..


clarify what securities come within the phrase "a lien or charge on a crop, a lien or charge on wool or a stock mortgage". 37. The effect of the amendment and of ..


CP 151 submission (1st round) - McCullough Robertson Lawyers


Consultation paper 151 – Debt Securities: Modifying and naming provisions and .. that where a debt instrument cannot satisfy the definition of a mortgage ..


Newsletter | December 2010 | ADF Financial Services Consumer ..


You can do this by using ASIC's mortgage switching calculator. .. Australian Securities and Investments Commission .. seek it in the form of health; engineers in the form of safe and efficient buildings; and lawyers seek it in the form of justice.


Bills Digest 98, 2010-11 - Personal Property Securities ..


Personal Property Securities (Corporations and Other Amendments) Bill 2011 .. undertaken by the Standing Committee of Attorneys-General. .. is any mortgage or loan or other financial encumbrance over personal (rather ..


Business legitimacy : Department of Justice and Attorney-General


For registered companies, you can get this information through Australian Securities and Investments Commission. For businesses registered ..


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(1) This Act is the Personal Property Securities (Commonwealth Powers) Act ... agricultural goods mortgage, aquaculture fish mortgage, crop ..


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Date: 17/O2/2011 4:45:28 PM From: Gadens Lawyers To: 0262837999 Page: 3/38 .. "ASIC" means the Australian Securities Investment Commission. .. promotional services including marketing of mortgage products and mortgage .\'€7'ViC€S ..


Report - Inquiry Into Prudential Supervision and Consumer ..


In addition, Garrisons has utilised other mortgage backed securities via .. Currently l\/lr Peter Worrall of Peter Worrall Lawyers has been appointed by the Courts ..


Consultation Paper CP 165 Credit assistance for home loans ..


Australian Securities and Investments Commission August 2011. Page 2. About ASIC regulatory .. Credit provider representatives who provide mortgage broking services . .. Chloe Youl. Acting Senior Lawyer, Strategic Policy ..


ATTORNEY-GENERAL'S DEPARTMENT SUBMISSION TO THE ..


Part 3 looks at the forums in the Attorney-General's portfolio for .. securities law reform, while Part 6 explains current aspects of information law. ... These include mortgages, liens, charges and pledges as well as financing leases, hire ..


Guarantees, warranties and refunds : Department of Justice and ..


Home | Justice and Attorney-General Home | Site map | Contact us | Help | .. do not have any undisclosed securities (money owing on them) ..


Personal Property Securities Regulations 2010


Administered by: Attorney-General's .. mortgage-backed security has the meaning given by section 286 of the Duties Act 2001 (Qld). Division 3 ..


ASIC's 20 year anniversary - Australian Securities and Investments ..


ASC) was introduced into Parliament in 1990, the then Attorney General. Michael .. residential mortgage-backed securities). The quality of the ..


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Trustee Act 1958


- 5(1)(b), substituted as mortgage-backed security by No. .. securities includes the performance and execution of every deed, power of attorney, act, and thing on ..


REVIEW OF THE SHIPPING REGISTRATION ACT 1981


interests of holders of non-mortgage securities might be recognised by the ... The Attorney-General's Department has provided advice to the Review Team that: ..


Statutory oversight of the Australian Securities and Investments ..


Southern and Timbercorp; and the freezing of funds - Pacific First Mortgage Fund. (formerly the ... In that group we have analysts, largely lawyers, who would be ..


Denmac Ford Pty Ltd : Department of Justice and Attorney-General


If you have any queries or complaints with the receiver and the receiver fails to resolve your concerns, the Australian Securities and Investment ..


Recommended vehicle checks for used cars : Department of Justice ..


A search on the national Personal Property Securities Register (PPSR) will show if there are any unpaid debts, such as a car loan, recorded ..


Insurance cover : Department of Justice and Attorney-General


For more information, visit the Australian Securities and Investments Commission. If an insurance company won´t pay your claim, contact the ..


Mortgage and Finance Assocation of Australia - Submission to the ..


Response by Mortgage and Finance Association of Australia. Chapter 1 .. professionals, whether accountants, lawyers, or financial planners, prior to seeking .. commencement of the Personal Property Securities regime in May 2011 when ..


Law Handbook- legal documents


attorney – see Power of attorney on page 26) have additional .. The Australian Securities and Investments .. the property as security (such as a mortgage), the ..


Australian Securities and Investments Commission Regulations 2001


Attorney-General's Department, Canberra .. (f) the provision of a mortgage that secures obligations under a credit contract (other than a lien or ..


Personal Property Securities (Corporations and .. - Comlaw Home


Administered by: Attorney-General's .. Part 6—Mortgages and mortgagees 29 .. Schedule 2—Personal Property Securities Act 2009 58 ..


Report 107 (2006) - Guaranteeing someone else's debts - Law ..


In the Volmensky case, the mortgage contained 41 covenants .. …cumbersome in form and unintelligible to any person who is not a trained lawyer. .. Trading Act 1987 (NSW)17 and the Australian Securities and Investments ..


Personal Property Securities Regulations 2010 - Attorney-General's ..


- Australian Attorney-General's Department .. For subsection 8 (3) of the Act, the Act applies to mortgage-backed securities within the meaning of section 286 of ..


Consultation paper 107 CP 107 Securities lending and substantial ..


Megan Manwaring, Senior Lawyer. Investment .. Roslyn Nippita, Lawyer. Investment ... mortgages, charges or other securities under s609(1).


November 2008 - Personal Property Securities Register


- Australian Government: Attorney-General's Department Achieving a Just and .. Early securities took the form of legal mortgages and over time the concept has ..


If you have any questions about the details of this document


Lawyers. Level 18 333 Collins Street Melbourne VIC 3000 Australia. T + 61 3 9286 .. The conveyancing, mortgage financing and registration process, its ... Certain jurisdictions other than New South Wales1 issue "Security CTs" i.e. a CT ..


Media Article


CASE STUDY OF SOLICITORS' MORTGAGE SCHEMES IN TASMANIA. PUBLIC HEARING - 18 .. Australian Securities Investments Commission (ASIC) have been invited to give evidence. .. Peter Worrall Lawyers– Mr Peter Worrall. 2.30 pm ..


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- On 16 May 2008 the Australian Attorney-General, the Hon Robert ... It has been suggested that mortgage-backed securities should be prescribed under clause ..


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Australian Government


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..

Consultation Regulation Impact Statement – Attorney-General's Department .. ePayments Code – Regulation Impact Statement – Australian Securities and .. ASIC released guidance for mortgage lenders that sets out how provisions in the ..


Stock mortgages - Registrar General's Directions


As from 30 January 2012 the new Commonwealth Personal Property Securities Register (PPSR) replaces existing State Registers. Mortgages and associated ..


i=rcsé"i - Australian Securities and Investments Commission


Attention: Megan Manwaring, Senior Lawyer. Roslyn Nippita .. Submission from Australian Securities Lending Association ... Mortgages, charges and other ..


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AR 2001-2002: Chapter 3 - Adminstrative Decisions Tribunal ..


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..

The Performance of Australian Residential Mortgage-backed Securities · List of ... the general public, or held on behalf of estates or under powers of attorney.


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Law of Property Act*1936


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It draws attention to arrangements by the Australian Securities and Investments .. regulators, securities market participants, accountants, auditors and lawyers with .. in Applied Finance and Investment and the Diploma of Mortgage Lending.


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Consider whether a reverse mortgage is the best option — .. provide us with an Enduring Power of Attorney if we so request." .. collins-securities

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MORATORIUM ACT. Act No. 57, 1932.


section, shall not apply to any of the mortgages specified in subsection one of this ... thereon, unless the mortgagor, his attorney or agent, or some other person .. provisions of the Companies (Registration of Securities). Act, 1918, such ..


of ThE


mortgage brokers, these other lenders fly below the regulatory radar .. release products, it has written to attorneys- general .. report by the Australian Securities ..


Consultation Paper 165 Credit Assistance for home loans ..


Acting Senior Lawyer, Strategic Policy. Australian Securities & Investments. Commission. GPO Box 9827 .. interpretation of "mortgage broking services" in Regulatory Guide 206 (RG 206). We apologise for the slight delay in ..


ASIC's approach to market integrity - Australian Securities and ..


traded in unlisted markets – mortgage trusts, unlisted property trusts, debentures .. auditors, accountants, lawyers, research houses, asset managers/advisers, ..


Hot Topics 72 - Consumer credit


specific legal advice, you will need to consult a lawyer. .. A report to ASIC on the finance and mortgage broker industry, Consumer Credit Legal Centre, March 2003, available online at .. the Australian Securities and Investments Commission ..


Proposed Information Statement – Reverse Mortgage Things you ..


This statement is provided to you because reverse mortgages operate differently to other .. Australian Securities and Investments Commission's reverse mortgage .. You should get independent legal advice from a lawyer before signing any ..


tFILE c0/Pr - Australian Securities and Investments Commission


Banksia Securities Limited - submission on Consultation Paper123. This letter is a .. debenture category of mortgage financing, Foiiowing the inciusion ot Statewide Secured investments Ltd within .. HARWOOD ANDREWS LAWYERS ..


Official Committee Hansard


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SEQUAL Submission -Retirement Income Australia's Future Tax ..


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Home | Justice and Attorney-General Home | Site map | Contact us .. the Australian Securities and Investment Commission may be able to ..


Report: Personal Property Securities (Corporations and Other ..


Personal Property Securities (Corporations and Other. Amendments) Bill 2010. Corporations Act. Corporations Act 2001 the Department. Attorney-General's ..


• Wendy Jacobs, Partners Dibbs Abbott Stillman • Robert Patch ..


PERSONAL PROPERTIES SECURITIES. REFORM .. Attorney-General's Department. • Maria Polczynski, Partner .. of accounts, chattel mortgages. • Adopts a ..


Legal briefing


Australian Government Solicitor the leading lawyers to government. Legal briefing .. securities. This means there will be one national online register: the. Personal .. such as a mortgage or a charge for a security interest to be created that is ..


Australian Personal Property Securities Reform and Secured ..


- Senior Legal Officer, Australian Attorney-General's Department. Synopsis. Australia is set to introduce fundamental reforms to personal property securities law ..


Report: Statutory oversight of the Australian Securities and ..


Section 243 of the Australian Securities and Investments Commission Act 2001 sets out ... Our interests and the Attorney-General's interests are entirely consistent. .. ..we have been consulting on benchmarks for the future of the mortgage ..


challenger z,t.o - Australian Securities and Investments Commission


Lawyer. Strategic Policy. Australian Securities and Investments Commission .. CMMH was a major non-bank mortgage provider and CFSG still retains on the ..


Submission to CP 133 - Macperson+Kelley Lawyers


lviacpherson + Kelley Lawyers Pty Ltd ("tv1+K") is pleased to have the opportunity to .. Australian Securities & investments Commission 31 May 2010. The primary ... investors in agribusiness MiSs are also subject to mortgage risk, which is ..


Change of name - Registrar General's Directions


(G) The registered number of the term transfer, mortgage or charge affected by the change .. their attorney or solicitor, or an authorised officer in the case of a company. .. Note A search of the Australian Securities and Investment Commission ..


Australian Securities and Investments Commission - 08-191 ASIC ..


ASIC - Australian Securities & Investments Commission .. consultation with state and territory attorneys-general and will be announced as soon as possible. .. within the mortgage broking industry and home underinsurance.


COUNCIL - Australian Securities and Investments Commission


Acting Senior Lawyer, Strategic Policy. Australian Securities and Investments Commission .. members that provide lender's mortgage insurance (Ll\/ll)2.


Registration and Search Issues - Attorney-General's Department


Committee of Attorneys-General or any individual Attorney-General .. What is personal property securities reform about? ... legislation would apply regardless of whether the interest is a mortgage, charge, financing lease or ..


NSTRUMENTS ACT 1958


The Chattel Securities Act 1987 not to apply 60. Definitions 61. Right of .. Mortgages of stock to comprise the stock for the time being on the station 76. .. Protection of attorney and third persons where power of attorney is revoked 111. Proof of ..


TRUSTEE ACT 1925


Investment in securities under Reserve Bank RITS system 15, 16. .. Release of equity of redemption in discharge of mortgage debt 35. .. Power of attorney 68.


UNSW Continuing Legal Education Mortgages, Loan Agreements ..


Mortgages

, Guarantees and Consumer Credit, loan agreements. .. Detailed knowledge of matters effecting the enforceability of securities will be of assistance to practitioners. .. Speaker: James BEATON, Partner, Minter Ellison Lawyers ..


An Act to enable the Trustees of the Will of the late William Franklin ..


attorney or attorneys, agent or agents, or left upon any part of the said properties, then all such assurances, mortgages, transfers, assign ments, and securities ..


TRUSTEES ACT 1962


Land may be sold and proceeds secured by mortgage 34. Property may be sold .. Powers of attorney, protection for trustees relying on 70. Trustees liable for .. Interest bearing securities, apportionment of interest on sale etc. 104. Residuary ..


CLOGGING THE EQUITY OF REDEMPTION: AN OUTMODED ..


by L WILLMOTT - Under an old system mortgage, the legal title of the .. Lawyer 18-31. 15 .. See, for example, E A Francis and K J Thomas, Mortgages and Securities (3rd ed, ..


PPSA - Craig Wappett


mortgages motor vehicle securities, crop liens, stock mortgages and most .. and RJ Wood, Personal Property Security Law, Irwin Law, Toronto 2005 ,page 85; L ..


Placing commercial property in the Australian capital market


by DM Higgins - - securities offer an alterative return stream with the AU$71 billion whole commercial property mortgage sector and the emerging AU$12 billion traded debt ..


Kaplan Professional | Ontrack


..

credit licensees and individual financial planners and mortgage brokers. .. credit, mortgage broking, derivatives, securities, managed investments, fixed interest, .. commentaries from leading economists, market analysts, lawyers and senior ..


The Modern Law of Securities in the Peopleâ•Žs Republic Of China


by C Shum - 1997[extract] The PRC Law of Securities was enacted to promote financing and circulation .. for in the Law are guarantee, mortgage, pledge, lien and deposit (Art 2). ... the senior judges and lawyers in China receive their legal training under the ..


No. III.


7. And be it further enacted That all bonds mortgages warrants of attorney and other securities not being assignable in law which have heretofore been taken by ..


TRUSTEE ACT 1936 - SECT 4


"mortgage" and "mortgagee" include every estate and interest regarded in equity as .. "pay" and "payment", as applied in relation to stocks and securities, and in .. includes the performance and execution of every deed, power of attorney, act, ..


Rajapakse, Pelma Jacinth --- "Issuance of Residential Mortgage ..


by PJ RAJAPAKSE - - In Australia, the term 'residential mortgage-backed securities' ('RMBSs') ... loans officers and independent lawyers are themselves unaware of that risk, are ..


22 Mortgages, Loan Agreements & Guarantees:CLE


Mortgages, Loan Agreements & Guarantees. Thursday 8 .. Speaker: James BEATON, Partner, Minter Ellison Lawyers .. Vitiating factors in Loans and securities ..


MERCANTILE LAW


Powers of Attorney.-Powers .. until notice of death or revocation comes to the attorney, and the ... Registration of mortgages and other securities in favour of the ..


An Act to enable the Proprietors of a certain Joint Stock Company ..


and meaning of the same. 7. And be it further enacted That all bonds mortgages warrants of attorney and other securities not being assignable in law which ..


Securitization and Subprime Crisis: A Critical Analysis of the Role of ..


by Q Alam - 2010 - - Government National Mortgage Association issued securities backed by a ... brokers, lawyers and rating agencies have all contributed, if not ..


CORPORATIONS REGULATIONS 2001 - REG 5D.1.02 Meaning of ..


(a) as trustee for the holders of debt securities of a body; .. debt securities (including loan-backed securities and mortgage-backed .. (j) as a person named in a power of attorney as an attorney when not actively providing a service or function; ..


Rajapakse, Pelma Jacinth --- "Assessment of Law and Practice ..


by PJ Rajapakse - securitisation; residential mortgage-backed security (RMBS); mortgage origination; capital ... B.Com (Honours), Attorney-at-Law, M.A. (Econ) (Waterloo), LL.


MEASURES TO ADDRESS WAKIM AND HUGHES: HOW THE ..


by I Govey - 2000 - 2 National Companies and Securities Commission Act 1979. 3 (1990) 169 .. The Attorney-General – as well as the legal and business communities more generally .. This is exemplified by the case of GPS First Mortgage v Lynch, in which Mr ..


UNE - Law School - Practitioner seminar series


"The new Personal Properties Security Act" (audio file available) .. those relating to company charges, bills of sale, ship mortgages, motor vehicle securities, crop liens and stock mortgages. .. 'The lawyer as problem solver' ..


The Checks and Balances of Good Corporate Governance


by J Lessing - 2009 - - liable to the investors in residential mortgage backed securities who have lost large amounts in the recent financial crisis.6. THE LAWYERS ..


Misrepresentation and misleading or deceptive .. - Lecture Notes


Lawyers

are used to the idea of fault as a pre-requisite to liability. We see this is ... David Securities Ltd v Commonwealth Bank of Australia (HPH 1045) ..


Breach of Fiduciary Duties By a Solicitor - What is an Appropriate ..


by KL Liew - Minter Ellison Lawyers .. Equity - fiduciary relationship - solicitors and clients - mortgage in favour of solicitors - breach of fiduciary ... approved by the High Court in David Securities Pty Ltd v Commonwealth Bank of Australia [1992] HCA 48; ..


TRUSTEES ACT 1962 - SECT 6


payment , in relation to stocks and securities, includes the deposit or transfer of .. or issuing out of or charged upon land, but does not include mortgage interest; .. includes the performance and execution of every deed, power of attorney, act, ..


Professor Sheelagh McCracken - Sydney Law School - The ..


..

Securities Regime: the Challenge of "New Learning" for Australian lawyers' .. McCracken, S, 'Enforcing mortgages and charges' College of Law Sydney ..


Security Interests in Intellectual Property in Australia


by JV Swinson - 2002 - - Keywords securities, intellectual property, patents, registered designs, copyrights, registered trade marks, domain names .. require licenses or equitable mortgages to be in writing. A Register ... lawyer, prior to taking an interest in the patent.


Personal property securities reform and security interests in .. - ANU


by J Popple - Securities Act 1984 (Tas); Registration of Interests in Goods Act 1986 .. In September 2006, the Attorney-General established the PPS Review .. Mortgages are to be registered in the order of their lodgement32 and the ..


The Perspectives of Borrowing Corporations Under the Personal ..


by P Nessen - 2002 - personal property security law, reform, registration of charges, Personal Property .. A lien or charge on a crop, a lien on wool or a stock mortgage; and ... to floating charges, and thus may cause some anxiety to Australian lawyers fearful of ..


THE TRUSTEE ACT - SECT 82 Definitions


The expressions mortgage and mortgagee include and relate to every estate and .. to stocks and securities, and in connection with the expression "into Court", .. includes the performance and execution of every deed, power of attorney, act, ..


PERSONAL PROPERTY SECURITIES: POSSIBILITIES ..


by P WELLS - 1.1 The consultation draft Personal Property Securities Bill 2008 is a significant .. 1 Australian Government, Attorney-General's Department, Personal Property ... the default of the mortgagor under the mortgage, the time allowed to remedy the ..


Australian Lawyers and Social Change


by N Howell - social justice – why is the work of consumer lawyers relevant here? ... 57 Australian Securities and Investments Commission Class Order CO 03/1048 Mortgage ..


PERSONAL PROPERTY SECURITIES (CORPORATIONS .. - AustLII


Attorney-General's Department, Canberra .. Part 6--Mortgages and mortgagees 30 .. Schedule 2--Personal Property Securities Act 2009 60 ..


COMPETENCY STANDARDS FOR ENTRY LEVEL LAWYERS


It is in the interests of clients and the public that entry-level lawyers should only be admitted to .. partnerships; provide basic advice on finance and securities ..


VICTORIAE REGINAE


proceeding or prosecution. 4s. All bonds covenants mortgages warrants of attorney and other securities not being assignable at law which have been or which ..


Immediate Indefeasibility for Mortgagees: a Moral Hazard?


by P O'Connor - 2010 - residential mortgage-backed securities (RMBS) to institutional ... 2 SCR 570, and subsequent cases such as S v Attorney-General [2003] 3 ..


PERSONAL PROPERTY SECURITIES REGULATIONS 2010 (SLI ..


Issued by the authority of the Attorney-General .. The interest of Bank C in the mortgage-backed securities is a security interest to which the Act applies in ..


Spatially Enabling Mortgage Markets in Australia


by J Wallace - - mortgage market because securities in this market are bundled to support mortgage ... Jude is a land policy lawyer and senior research fellow at the Centre for ..


Traineeship Programs (Qld)


trusts and partnerships; provide basic advice on finance and securities .. An entry level lawyer should be able to convey, lease and mortgage real property.


LEGAL PROFESSION ACT 2004


Professional discipline PART 2.3 - ADMISSION OF LOCAL LAWYERS .. Disclosure of information to Australian Securities and Investments Commission 156. ... Availability of property of Law Society PART 3.5 - MORTGAGE PRACTICES AND ..


Another Look at the Giving of Independent Advice to Sureties: Some ..


by CYC Chew - 2006 - independent advice, legal advice, surety, guarantor, securities. Cover Page .. and Credit Task Force' which consisted of lawyers and community advocates who became .. nature and provisions of guarantee and mortgage to plaintiff). 6 ..


DEFENCE SERVICE HOMES REGULATIONS 1936 - made under ..


Securities

by minors PART III--MORTGAGE TO SECURE BALANCE OF ... by the Office of Legislative Drafting and Publishing, Attorney-General's Department, ..


Mortgages


Microsoft Powerpoint - He owned a number of properties and they all had mortgages on them. .. Bentley agreed in writing – an agreement negotiated by their lawyers to reconvey ... surety, or other person, shall be extinguished, and all collateral securities for the ..


Personal Property Securities – A New Zealand Maritime Law ..


by G Brodie - 2008 - to whom the notion that a forged mortgage could by registration deprive a ... Australian Attorney-General's Department Personal Properties Securities ..


MORATORIUM ACT. Act No. 57, 1932.


section, shall not apply to any of the mortgages specified in subsection one of this ... thereon, unless the mortgagor, his attorney or agent, or some other person .. provisions of the Companies (Registration of Securities). Act, 1918, such ..


TRUSTEE ACT 1925 - SECT 5 Definitions


"Government securities" include Government stocks, funds, bonds, .. "Mortgage" includes and relates to every estate and interest regarded in equity as .. to stock includes the performance and execution of every deed, power of attorney, act, ..


E LAW | Marshalling Securities in the Context of Insolvency – a ..


by RSLLBH UWASecurities Law and Legislation (Other articles) .. Among other things, as we will see it is not restricted to security interests in the form of mortgages.[39] .. Talking about law reform to an audience of practising lawyers, before we have a bill, ..


QUT | Staff Profiles | Lindy Willmott



Professor - Faculty of Law, Law SchoolShe has had experience in practice in the area of Securities Law and has been .. Law (now in its 3rd edition); Contract Law Casebook; Mortgages Law in Australia .. to enduring powers of attorney and advance health directives', 2005–2006, ..


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"In fact, cases brought by the US Securities and Exchange Commission against .. with US bank JP Morgan Chase for wrongly selling a mortgage security that went bad. .. "Lawyers for the big banks love the new guidelines.


FNSICIND401A


Microsoft Powerpoint - The mortgage broker has a large number of finance providers on their books and is .. Some lawyers specialise it taking worker's compensation cases and often run these as case .. Short term and overnight securities are traded on this market ..


TRUSTEE ACT 1925


Powers of trustee in relation to securities 14E. Power to buy house .. Release of equity of redemption in discharge of mortgage debt 35. .. Powers of attorney 59.


CHALLENGES TO AUSTRALIA'S FEDERAL CORPORATE LAW ..


Corporate Law and Securities Regulation, The University of Melbourne. As a result of recent .. In GPS First Mortgage v Lynch, a person .. The commonwealth attorney-general and the minister for financial services and regulation issued a ..


UWA Handbooks 2012 - Units - Commercial Practice


.. concisely and effectively; (4) write letters to clients and other lawyers; .. settlement and registration; securities (mortgages and charges); ..


E Law: Same-Sex Relationships In Western Australia


by CN Kendall - - Trusts; Mortgages; Other Joint Financial Arrangements .. When does the Enduring Power of Attorney come into effect? ... To find out if your company is a constitutional corporation, call the National Securities Commission on (08) 9261 4200.


E Law: CAVEATABLE INTERESTS - THE COMMON LORE ..


by S Boyle - An example of such an interest is a sub-mortgage which is a charge on the ... been recorded emanating from conveyancing lawyers in Western Australia. .. Secondly, where the secured creditor of goods under say the Chattel Securities Act in ..


Personal property securities reform and security interests in ships


by J Popple - 2008 - Securities Act 1984 (Tas); Registration of Interests in Goods Act 1986 .. In July 2006, the Australian Attorney-General released a report prepared by .. Mortgages are to be registered in the order of their lodgement32 and the ..


PERSONAL PROPERTY SECURITIES BILL 2009 Explanatory ..


..

by the authority of the Attorney-General, the Honourable Robert McClelland MP) .. Financing statement The data registered on the Personal Property Securities .. identifies the land (mortgage- backed securities are therefore included in the ..


TRUSTS ACT 1973


Devolution of mortgage estates on death 18. Disclaimer of .. Powers of trustee in relation to securities 26. Investment in securities under RITS 27. Power of trustee as .. Exoneration of trustees in respect of certain powers of attorney 71. Implied ..


Purchase Homes By Paying Back Taxes - Forum Financial ..


Acquisition of mortgage loans and mortgage securities for the mortgage portfolio. .. the lawyer we managed to get our other debts on a debt management plan.


Geelong Lawyers' Collection - Deakin University


Vernon Wilcox, who later became Attorney General for Victoria, was one year .. lending on first mortgage securities) as well as probate and business matters.


TRUSTS ACT 1973 - SECT 5 5 Definitions


payment, in relation to stocks and securities, includes the deposit or transfer of them. .. or issuing out of or charged upon land, but does not include mortgage interest. .. includes the performance and execution of every deed, power of attorney, ..


This file was downloaded from: http://eprints.qut.edu.au/47970/


by M Backstrom - 2011lication in the following source: Backstrom, Michelle (2011) Forged mortgages and Queensland's careless .. failed to make appropriate identity checks when obtaining its securities. .. authority of the wife pursuant to a power of attorney failed.


QUT | Staff Profiles | Bill Dixon


by B Dixon - 2011.. small business and commercial transactions, securities and general banking and .. Duncan WD, Dixon WM, (2007) The Law of Real Property Mortgages p1-355 .. Dixon WM, (2007) Waiver in the Court of Appeal, Queensland Lawyer p288- ..


Slide 1 - University of Sydney


Microsoft Powerpoint - The law on this topic has changed for non Company securities over personal chattels. .. Life Insurance…mortgage/assignment must be noted in company register ... There is quite some lack of certainty on the point as respected lawyers and ..


NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 ..


(2) If any such mortgage also secures other obligations, this Code applies to the .. (f) a mortgage containing the terms and conditions set out in the regulations is taken to ... 50 Prohibited securities .. (b) fees payable to a duly qualified lawyer.


imageREAL Capture


from the Australian Securities Commission .. Victorian Attorney-General, under .. Being prepared: chairman Frank Lynch says the Solicitors' Mortgage Practice ..


Referencing using law style, Deakin University


by M Shepherd - 2011 Note the broad definition of security arrangements by the Australian Law .. Fisher and Lightwood's Law of Mortgage (LexisNexis Butterworths, 2nd .. A Decade of Change for Lawyers' (2002) 76(10) Law Institute Journal 40.


Fun approach to learning


Insolvency/Bankruptcy. Mortgage & Securities Recovery. Franchising Disputes. Cronin Litigation Lawyers. Level 2, 33 Elkhorn Avenue, Surfers Paradise 4217 ..


CORPORATIONS ACT 2001 - SECT 9 Dictionary


"ASIC Act" means the Australian Securities and Investments Commission Act 2001 .. "charge" means a charge created in any way and includes a mortgage and ... "lawyer" means a duly qualified legal practitioner and, in relation to a person, ..


EXPLANATORY MEMORANDUM


Rich Text Format - This regulation provides a definition of mortgage-backed security. .. requests the preparation of a will, trust instrument, power of attorney, or agency instrument.


Lessons from the Twin Mega-Crises: The Financial Meltdown and ..


by HH Friedman - 2010 - - It is interesting to note that, of the subprime mortgage backed securities that were issued in 2006 ... The attorney general of North Carolina said: "They took 50 ..


Commercial Practice : UWA Handbooks 2012 - Units : The ..


..

clearly, concisely and effectively; (4) write letters to clients and other lawyers; .. to stamping, settlement and registration; securities (mortgages and charges); ..


PERSONAL PROPERTY SECURITIES (CORPORATIONS .. - AustLII


..

(Circulated by the authority of the Attorney-General, the Honourable Robert McClelland .. Schedule 2: Personal Property Securities Act 2009; and c. .. The existing terminology of the CA, including charges, mortgages, liens, pledges and ..


Marshalling Securities in the Context of Insolvency: A Guide - [2003 ..


by RSLLBH UWAThis would allow for marshalling not only mortgages and fixed and .. Talking about law reform to an audience of practising lawyers, before we have a bill, ..


Ben Saunders - Staff Profile


.. the Law School Ben was an Associate at Macpherson + Kelley Lawyers, .. in establishing Australia's first Shariah compliant mortgage fund and also .. director of the Centre for Corporate Law and Securities Regulation and ..


imageREAL Capture


by P WATTS - - case is authority that a mortgage or charge over land which contains a power, upon ... D.W.McLauchlan, "Securities over Future Goods" (1973-1975) 7 VUWLR 122. ... What lies behind the dispute is the age old technique of lawyers, of ..


Preface


The conference, titled: 'Equity, Restitution and The Banking Lawyer', was convened .. and CIBC Mortgages plc v Pitt ([1993] 4 ALL ER 433), the House of Lords .. of David Securities were therefore not analysed on the broader basis of unjust ..


E Law: The PPSA Cometh to Australia? An Introduction to the ..


[4] See the excellent reviews in Allan, D, "Personal Property Security - a .. [5] Australia / New Zealand Banking Law Association, Banking and Financial .. However, mortgages under the Shipping Registration Act 1981 (Cth) will not be covered.


LEGAL PROFESSION ACT 2007 (NO. 24 OF 2007) - SECT 4


"admission rules" means rules relating to the admission of local lawyers and ... including the authority to acquire mortgage securities or other securities; or ..


Commercial Transactions


Microsoft Powerpoint - (ii) A mortgage under which the marketable security is registered in the name of ... Mortgagor: [Mortgagor's or attorney's signature] in the presence of: [witness's ..


Western Australia West Australian Trustees Limited (Merger) Act ..


Prescribed securities 11 13. .. managers, trustees, agents or attorneys; corporation includes any body, corporate or unincorporate; .. contingent or prospective; security means a mortgage or charge (whether legal or equitable) debenture, bill ..


The Constitutional Mechanism for Personal Property Security ..


by M Hetherington - 2002 - relating to personal property securities, and my perception of where personal .. 5 Australia New Zealand Banking Law Association, Personal Property Security Law Reform .. as are found in bills of sale, in registered equitable mortgages over ..


Personal Property Securities (Corporations and Other Amendments ..


(Attorney-General). A Bill for an Act to amend certain Acts as a consequence of the enactment of the Personal. Property Securities Act 2009, to amend that Act, ..


This file was downloaded from: http://eprints.qut.edu.au/42467/


by WM Dixon - 2002 - The Queensland Lawyer,. 23(2), pp. 35-36. This file .. The possibility of fraud lurks easily in the context of a mortgage transaction. (as recently .. securities, the respondent company obtained the benefit of a third registered mortgage over 2 of ..


Personal Property Security - A Long Long Trail A-Winding


by D Allan - 1999 - - of security over personal property are still the chattel mortgage or. 4. See this discussed in Wappett & Allan 'Securities over Personal Property' ..


Pascoe, Janine --- "Women's Guarantees and 'All Moneys' Clauses ..


by J PASCOEWhile 'all moneys' mortgages and guarantees can be very useful to lenders .. it is often not realised, even by those experienced in dealing with securities, that an .. the understanding of sophisticated lawyers let alone laypersons with limited ..


Constitutional Challenges Facing ASIC: An Overview


The present Co-operative Scheme offers corporate and securities regulation .. to a person's lawyer if the lawyer satisfies ASIC that the person is carrying on, or is ... of grounds including that the petitioner, GPS First Mortgage Securities Pty ..


Suing Freddie Mac For Bad Mortgage


suing freddie mac for bad mortgage. .. for mac Dec 16, 2011 · The Securities and Exchange Commission has brought civil fraud charges .. a lawsuit by California Attorney General Kamala Harris of hindering her probe into ..


Western Australia Property Law Act 1969 Western Australia Property ..


Foreclosure extinguishes right of action for mortgage debt and equity of redemption 30 54. .. Power of attorney made irrevocable for fixed time 62 88. .. securities include stocks, funds and shares; valuable consideration includes marriage but ..


Graduate Diploma in Legal Practice (LP41)


6 days ago – for entry-level lawyers and is approved by the Queensland. Legal Practitioners .. basic advice on finance and securities..and appreciate the type of advice .. mortgage real property..and provide general advice on land use.


1 Un-titled? (Insolvency Law in a PPS World) INSOL Academics ..


Items 125 - 134 – Personal Property Securities legislation, involving a comprehensive .. enacted for Motor Vehicle Securities in 1989, and chattel mortgages by individuals had .. Attorney-General from about 2006, and Consultation Documents ..


A CHANGING LANDSCAPE: THE MORTGAGEE'S POWER OF ..


by W DIXON - mortgage which is without precedent elsewhere in Australia. .. under a delegated power or by the mortgagee acting as attorney for the mortgagor.9 By way of strengthening ... Also refer to Matzner v Clyde Securities Ltd [1975] 2 NSWLR 293, ..


Subject Outline LLB 270/306 Property and Trusts B


An Introduction to Mortgages and Securities (Weeks 1 and 2). Lesson Plan # .. demonstrate awareness of the responsibilities of the lawyer involved with matters ..


BOND UNIVERSITY DISPUTE RESOLUTION CENTRE BOUNTY ..


mortgages over the two properties owned by Bounty, as well as an equitable .. known senior lawyer on the island represented Mr Rorte, whose case was based on .. loans being unenforceable, and all its securities being declared void. Her ..


The Development of an Appropriate Regulatory Response to the ..


by JH Farrar - 2009 - mortgage-backed securities. .. auditors, corporate lawyers and investment analysts – who, as Oscar Wilde once .. Crisis' (2009) 30 (2) Company Lawyer 61.


Towards Pinstriped Unionism: Protecting Employee Entitlements ..


by CM Hughes - 2000 - - share of mortgage backed securities in the total of securitised debt – around. 85% in 1993.73 It .. Companies,' (1992) 47 The Business Lawyer 611. 78. Finch ..


STAMP DUTIES ACT 1923 - SCHEDULE 2


a mortgage, bond, debenture, covenant or warrant of attorney executed, ... deposit receipts and other securities issued by the Government of the State, and ..


2008-2009 THE PARLIAMENT OF THE COMMONWEALTH OF ..


Personal Property Securities (PPS) reform aims to address the complexity of ... Existing mortgages on the ARS will be migrated to the PPS Register. ... into the provisions of PPS Bill and subsequently to the Attorney- General's Department.


PENALTY INTEREST RATES ACT 1983 No. - AustLII


(2) The Attorney-General must determine the penalty interest rate to be fixed by- (a) .. for long-term borrowing for new public securities issued by semi-government .. agreement, mortgage, lease or other instrument made or entered into before ..


EFFECTIVE REGULATION BY THE AUSTRALIAN SECURITIES ..


1 See Australian Securities and Investments Commission Act 2001 (Cth) s ... bailout to buy mortgage debt from troubled banks,24 in an unprecedented effort ... writing as academics and lawyers try to come to grips with Austin J's decision in ..


Events Calendar | In-house Counsel Conference


..

at the recent NSW Supreme Court decision of Banksia Mortgages Ltd v Croker .. Presenter: Bruce Moore, Lawyer and General Manager Legal and Policy, .. the implications for in-house counsel of the Personal Property Securities Act 2009, ..


BUILDING TRUST IN THE CORPORATE WORLD –Whither ..


certain mid-and-sub-prime Residential Mortgage-Backed Securities (RMBS) would .. manage conflicts of interest.143 The former Attorney-General of New York, ..


TRENDS IN PERSONAL INSOLVENCY IN AUSTRALIA


Published in Melbourne by the Centre for Corporate Law and Securities. Regulation ... subtype of house mortgages increased from 2% in 2005 to 16% in. 2007. ... (Daryl Williams, Attorney-General and Minister for Justice). 59 Ibid. 60 Ibid.


Slide 1


Microsoft Powerpoint - (ii) A mortgage under which the marketable security is registered in the name of ... Powers of attorney authorities or licenses to take possession of chattels as ..


The Moran Family Story


Moran's influence is reflected in the Australian Securities Commission allowing his .. wife Greta, sons Shane, a lawyer, Peter, who runs the real estate arm of the business, .. "Brendan's salary was then raised to cover the mortgage payments.


Banks and Fiduciary Relationships


by J Glover - 1995 - - themselves, perhaps with in-house lawyers and an abundance of advisors. Will ... bank as fiduciary could not enforce a particular mortgage covenant against a .. assigned all its securities to the SBA, including the guarantees and supporting ..


Undergraduate courses 2012


Associate, Miller Harris Lawyers, Cairns. I chose to study ... Commission, Australian Securities and Investments .. business), leasing, mortgages and securities ..


USE OF PROSPECTUSES BY INVESTORS AND PROFESSIONAL ..


by I Ramsay - - Published in Melbourne by the Centre for Corporate Law and Securities Regulation ... "Prospectuses have simply become a means of enriching lawyers, ..


So c io -Le g a l R e se a rc h C e n tre


Cate Banks (2007) "Being a family lawyer and being child focused – A question .. P. Rajapakse (2006) "Issuance of Residential Mortgage-Backed Securities in ..


This is author version of article published as: Stickley, Amanda P ..


by AP Stickley - 1998 - - Conference Paper, Securities Intensive VII, 2 October 1993, p 3. .. 55-437 at 58172; Attorney-General of the Commonwealth v RT Company Pty Ltd .. necessary to examine the extent to which a mortgage of land will encompass such fixtures.


BIAS CHALLENGES IN INTERNATIONAL ARBITRATION: THE ..


by SR Luttrell - 2008 - NASD - National Association of Securities Dealers of the United States. NOFOTA .. (the World Bank). ILA Rep – International Law Association Reporter ..


Professor John C. Coffee of Columbia Law School delivers 2008 ..


.. international experts in corporations law, securities regulation and .. Law Journal as one of the 100 most influential lawyers in the United States. .. US Senate Banking Committee in relation to the subprime mortgage crisis.


How section 667C of the Corporations Act should be interpreted and ..


by A Bulman - securities should be valued from a policy point of view for the purposes of ... 42 Simplification Task Force, Attorney-General's Department, Corporations .. property) and where a holder has given 'a mortgage, charge or other security over the ..


GST AND FINANCIAL SUPPLIES


by P McMahon - The nexus provisions applying to mortgages appear to .. purchase of marketable securities in their own ... was whether lawyers' and accountants' services ..


QUEENSLAND STAMP DUTY ASPECTS OF FINANCING ..


by S Loans - mortgage. It is thus possible to effect the actual creation of securities of this kind .. mortgage of any lands estate or property, and any power or letter of attorney ..


1 Tourism, Racing and Fair Trading (National Competition Policy ..


..

by the following departments: · Department of Justice and Attorney-General; .. farm equipment when farmers are in default of their mortgage and should not place .. Goods Act 1967 Fair Trading Act 1989 Motor Vehicles Securities Act 1986.

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Sunday, 8 December 2024
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