fraud – Robert Hay KC Blog

September 25, 2025

Creditors have a powerful weapon against fraudulent debtors

Debtors often dispose of property to avoid paying creditors. Section 172 of the Property Law Act 1958 (Vic) provides creditors with a powerful weapon to defeat them. In Grapple Pay Pty Ltd v Conroy [2025] NSWCA 171 the New South Wales Court of Appeal added a gloss to the principles governing the New South Wales

Wife’s title as joint proprietor with husband not defeasible by reason of husband’s fraud

In Cassegrain v Gerard [2015] HCA 2 the High Court of Australian had to decide whether a wife’s title as a joint proprietor with her husband was defeasible by reason of the husband’s fraud. The case contains an interesting discussion about when the fraudulent acts of an agent can be attributed to the principal and

Mortgagor Verification Rules Now in Force in Victoria

Since 24 September 2014 a mortgagee in Victoria has been required to take reasonable steps to verify the authority and identity of a mortgagor to ensure that the person executing the mortgage, or on whose behalf the mortgage is executed, as mortgagor is the same person who is the registered proprietor of the land that