The authors are to be congratulated on this second edition of their book. The authors' learning, experience and insights are evident on every page. The book is certain to become an indispensible aid to the practice of mortgage law in Australia.
-Peter Butt, Emeritus Professor of Law, University of Sydney
A detailed and practical guide to the law of mortgages in Australia.
This ready reference book is written by two highly experienced mortgage law practitioners and guides the busy solicitor, barrister and in-house counsel through the essential elements of real property mortgage law in Australia.
The contents of the second edition has been revised and updated to take into account the legislative and case law developments since the first edition was published in 2008.
The contents of the book are structured to flow intuitively in accord with the practical steps required in actual practice. The emphasis in the text is on how to approach real problems in the depth required to deal with the vast majority of cases while providing valuable guidance for further enquiry for more rare factual scenarios.
Topics that dominate mortgage enforcement, such as statutory unjustness defences and External Dispute Resolution complaints are given extensive treatment.
• Written in plain English.
• Ready reference and practical guide to mortgage practice in Australia.
• Extensive treatment of statutory unjustness defences and External Dispute Resolution complaints
Table of contents
Chapter 1 The Nature of Torrens Mortgage Title
Chapter 2 Priorities
Chapter 3 The Power to Mortgage
Chapter 4 Drafting Mortgages
Chapter 5 Variation and Assignment
Chapter 6 Discharge
Chapter 7 Mortgagees' Rights
Chapter 8 Mortgagors' Rights
Chapter 9 Notices
Chapter 10 External Dispute Resolution
Chapter 11 Obtaining Possession
Chapter 12 Equitable Defences
Chapter 13 Unjustness Defences
Chapter 14 Power of Sale