pre-encumbered personal property
The last Part for 2013 of the Australian Business Law Review includes four interesting articles. The first article is by Richard Manly SC and discusses the High Court’s reconsideration of the penalty doctrine. The second article comes from Rosemary Teele Langford who looks at the distinction between the duty of care and the duties to act bona fide in the interests of the company and for proper purposes. The third article, by The Hon J D Heydon, sets out the background to litigation in the Federal Court of Australia in which penalties are sought for contravention of the Competition and Consumer Act 2010 (Cth). The final article is by Rasiah Gengatharen and examines the acquisition of pre-encumbered personal property in the ordinary course of the seller’s business.