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Guarantee or Indemnity- does it matter which you have signed?

This is part of an occasional series of articles concerning personal guarantees. Typically, a company opens up an account with a supplier and the directors sign something to say that if the company does not pay then the directors will do so personally. Like so much in business it can get complicated and if there … Read more

Securing your money, Caveats, Postponing equities and Getting Paid

If you’re in the business of taking security against real property, you’ll be all too familiar with the process of registering mortgages or lodging caveats on the basis of a charging clause or an unregistered mortgage. You’ll probably also be aware that, all things being equal, a contest as to who has priority between multiple … Read more

Settling your debts – formal arrangement or informal arrangement?

It’s commonplace in business to find yourself experiencing cash flow problems or dealing with debtors who are. Perhaps the tardiness of your debtors is preventing you from paying your own creditors on time? Whether you are the debtor or the creditor in scenario will ordinarily determine whether you would benefit from formalising a payment arrangement … Read more

How to Lodge a Caveat

Where there is a dispute over property a caveat can be lodged to restrict other parties from dealing with the property. It is essential  that the party registering the caveat have a direct interest in the property. Equally, the grounds claimed for lodging a caveat must be of a type recognized by the courts. You cannot … Read more

Solid Advice Sessions- Complimentary Presentations

Looking for a complimentary presentation for in-house education or a client event? We presently have  a selection of presentations ready to go. Guiding the Director If you can’t generate  $50,000 in fees of the back of this presentation- you must not have been there! A specialised  session for advisers filled with practical advice about the … Read more

Don’t Loan Money without Security

I tell my clients to think like a bank. If you have a client who is about to loan money to a loved one’s business or even to their own company get some security in place. The Personal Property and Securities Act 2009 (Cth) makes it possible to become a secured creditor simply and efficiently. … Read more