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    Can a lessee prevent a lessor changing the locks?
    2017-03-09

    When a lessee fails to comply with a notice to remedy a non-payment or other lease default, the lessor may be entitled to terminate the lease and retake possession of the property. This is commonly done by changing the locks.

    However, a lessee who wants to save itself from being evicted can apply to court to prevent the lessor from retaking possession. In Queensland this application is made under section 124 of the Property Law Act 1974 (Qld) and is known as an application for relief against forfeiture.

    When is relief against forfeiture granted?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Cooper Grace Ward, Cashflow, Default (finance), Corporations Act 2001 (Australia)
    Authors:
    Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    PPSA: Lessee’s administrator retains ownership of plant and equipment against lessor of premises
    2017-01-11

    Failing to register a lessor’s security interest on the PPSR over plant and equipment at leased premises can result in the lessor’s unperfected security interest passing to the administrator of the lessee.

    In the recent decision of Flown Pty Ltd v Goldrange Pty Ltd [2016] WASC 419, a lessee’s administrator successfully retained ownership of plant and equipment (which were not fixtures) in the leased premises.

    Background

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Cooper Grace Ward
    Authors:
    Graham Roberts
    Location:
    Australia
    Firm:
    Cooper Grace Ward
    Australia Law Year in Review 2016 and Year to Come 2017
    2017-01-05

    Year in Review - Australia Law in 2016

    Filed under:
    Australia, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, Tax, White Collar Crime, Linklaters LLP, Foreign direct investment, Class action, Patentable subject matter, Foreign Investment Review Board, Australian Securities Exchange, Victoria Supreme Court
    Location:
    Australia
    Firm:
    Linklaters LLP
    Three needn’t be a crowd with Debt-Finance: Five points for tripartite relationships between a tenant (borrower), landlord and financier
    2016-12-08

    Two’s company when it comes to debt funding. Surely, three makes things a little crowded? It doesn’t have to be that way.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Real Estate, Corrs Chambers Westgarth
    Authors:
    Simon Reid
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Restructuring, turnaround and insolvency in Asia Pacific
    2016-09-22

    Introduction

    Welcome to the first edition of the Herbert Smith Freehills Guide to Restructuring, Turnaround and Insolvency, Asia Pacific .

    Filed under:
    Australia, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Real Estate, Trade & Customs, Herbert Smith Freehills LLP
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    To be ‘looked after at renewal time’: When is a promise contractual and binding?
    2016-08-16

    The High Court of Australia has now had the final say in the ongoing saga of the restaurant tenant who leased premises at Crown and was told that if it carried out high quality refurbishments of the premises, then it would be ‘looked after at renewal time’. When it came to the expiry of the term of the lease, the landlord required the tenant to vacate the premises.

    Legal principles

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Hall & Wilcox, Leasehold estate, Estoppel, High Court of Australia
    Authors:
    Natalie Bannister
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Unsecured Debt Recovery: How to enforce against real property
    2016-08-18

    A problem often faced by creditors is how to recover unsecured judgment debts. If a debtor owns real property, there is a mechanism available through the Courts to have the debt registered against the property and the sheriff's office sell the property to satisfy the judgment debt.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Gadens, Debtor, Unsecured debt, Debt
    Authors:
    Martin Nguyen
    Location:
    Australia
    Firm:
    Gadens
    New CGT withholding measures from 1 July 2016
    2016-07-01

    Snapshot

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Real Estate, Tax, Herbert Smith Freehills LLP, Withholding tax, Capital gains tax
    Authors:
    Peter A. Smith , David John , Mark Clifton
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    PPS Leases - Owner of Goods Loses Title to Liquidator of Tenant
    2016-07-01

    The New South Wales Supreme Court case of Forge Group Power Limited (in liquidation) (receivers and managers appointed) v General Electric International Inc [2016] NSWSC 52 provides guidance on the following issues in relation to the Personal Property Securities Act 2009 (Cth) (the PPSR):

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, Broadley Rees Hogan, Personal property, General Electric
    Authors:
    Robert Lyons
    Location:
    Australia
    Firm:
    Broadley Rees Hogan
    Fee Recovery: Act early or suffer the consequences
    2016-04-29

    When pursuing outstanding owners corporation fees, suing the right person or entity at the right time is critical. 

    If you get this wrong, you will not recover any money.

    So, who is the owner?

    Section 3 of Owners Corporations Act 2006 and the Subdivision Act 1988 state:

    “an owner is a person who has an estate in fee simple in the land (except a mortgagee), or is empowered by or under an Act to convey an estate in fee simple in the land in an identified folio under the Transfer of Land Act 1958.”

    Filed under:
    Australia, Insolvency & Restructuring, Real Estate, KCL Law
    Authors:
    Anton Block , Rochelle Castro
    Location:
    Australia
    Firm:
    KCL Law

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