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Marshalling Securities in the Context of Insolvency: A Guide

Author: Ralph Simmonds LL.B. Hons (UWA), LL.M. (U Toronto)
Professor of Law, School of Law, Murdoch University
Subjects: Bankruptcy Australia
Debtor and creditor - Australia
Securities Law and Legislation (Other articles)
Issue: Volume 10, Number 4 (December 2003)
Category: Current Developments

Abstract

The author provides a guide for those seeking to understand what Marshalling is about, how it works, its nature, its conditions and its loss under the law of Australia. Marshalling appears to matter commercially, and a careful understanding of it is a worthwhile undertaking. Further, Marshalling is likely to be a doctrine of enduring significance. It seems likely to endure even if Australia gains major reform of its law of personal property securities, along the lines of the Personal Property Security Acts in Canada.

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