Whether amounts secured include debts owed to assignees prior to assignment – clog on equity of redemption: Thomas v Silvia 14 ACSR 446

Charging Orders

Enforcement by execution against property – charge not by way of mortgage: United Travel Agencies (1990) 20 NSWLR 566

Charging order on land – Trust for sale: Clark v Chief Land Registrar (1993) Ch. 294

Priority between successive charges: United Bank of Kuwait Plc v Sahib [1996] 2 WLR 372

Equitable Charges

Deposits placed in names of principals who were insolvent – whether agents entitled to equitable charge over deposits in respect of debts due to them by principals: Kingscroft Ins v HS Weavers [1993] 1 Lloyds Rep 187

Husband holding land certificate to joint property to order of bank – whether effective to create equitable charge: United Bank of Kuwait plc v Sahib (1995) 2 All ER 973 and on appeal to Court of Appeal [1996] 3 AER 215

Equitable chargee — Order for sale — No encumbrance on title — Court satisfied of existence of charge: Phillips v Hogg [2001] QSC 390

Equitable mortgage — Application for declaratory relief — Declaration sought that application is entitled to equitable charge over land and proceeds of sale: Scott v Bagshaw [2002] FCA 276

Equitable charge — Crystallisation of floating charges: Meadow Springs Fairway Resort Ltd (in liq) v Balanced Securities Ltd (No 2 [2008] FCA 471

Improvements in property — Application for charge over property — Applicants contributed to improvement of respondent’s property pursuant to residential arrangement: Palinkas v Palinkas [2009] NSWSC 92

Extension of Time

Lodging of notice of charge — Extension of time — Application by plaintiffs for order extending period in which to lodge notice giving particulars of charge — Fixed and floating charge given to plaintiffs by defendant: Hewlett-Packard Australia Pty Ltd v Exeed Pty Ltd [2004] FCA 135

Floating Charges

See following articles: 1 CSLJ 185; 4 CSLJ 138; 6 CSLJ 161; 7 CSLJ 131 (automatic crystallisation of floating charges)

Some aspects of the jurisprudence of the floating charge – COMPANY AND SECURITIES LAW JOURNAL – Vol 11 No. 5 – September 1993

Charge not registered within relevant period – liquidator appointed – whether charge against real property void against liquidator: Boambee v Equus 6 ACSR 532

Validity of floating charge – created within 6 months of winding up of company – whether moneys paid “in consideration for”: Pennywise Smart Shopping Australia Pty Ltd (In liq) v. Sommer & Co Pty Ltd (FC) 50 SASR 539

Whether transfer of retailers stock in trade is a transaction in ordinary course of business – whether retrospective crystallisation of a charge is possible: Fire Nymph Products v The Heaing Centre 7 ACSR 365

Floating charge given after commencement of winding up – void: Re Helmar P/L v. Reppoc Mines 8 ACSR 301

Nature and characteristic of a floating charge – whether charge holder has an equitable interest in charged property prior to crystalisation of charg:e Wily v St George Partnership Banking Ltd 26 ACSR 1; 150 ALR 329 and on appeal [1999] FCA 33


Whether rights of lienee constitute a charge: Seka PL v Fabric Dye Works 4 ACSR 455

Priority as between mortgagee having floating charge and judgment creditor with garnishee order: Relwood Pty Ltd v. Manning Homes [1992] 2 Qd R 197

Charges over estate — Appeal against decision of New South Wales Supreme Court — Appellant and co-directors of first respondent company granted probate of deceased’s will – Highland v Exception Holdings Pty Ltd (in liq) [2006] NSWCA 318

Nature of

See IMF (Australia) Ltd v Meadow Springs Fairway Resort Ltd (in Liquidation) [2009] FCAFC 9 at [57] – [64]

Statutory Charge

Nature of statutory charge: National Mutual Property Services v Citibank Savings 138 ALR 409

Action to enforce: Ceric v CE Heath Underwriting 122 FLR 123

 Statutory charges under the Legal Practice Act

Law relating to statutory charges under s 73 of the Legal Practitioners Act 1893 was discussed in some detail in Michell Sillar McPhee (A Firm) v First Industries Corporation [2006] WASCA 24; (2006) 32 WAR 1 – the principles espoused in that case are also applicable to s 244 of the Legal Practice Act – a charge to arise in favour of a solicitor in respect of certain property the client’s right to ownership of that property must either be established or vindicated through the efforts of the solicitor – if that occurs, the solicitor’s statutory charge will be over the whole of the recovered or preserved property and will not be limited to the client’s interest in that property: Chin v Hall [2009] WASCA 216