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An analysis of the elements, proof and recovery of unsecured loans
Published: 09 June, 2025
The Loan Book 2nd edition covers a wide range of issues that arise with unsecured loans. It strives to make the relevant law accessible not only to lawyers, accountants and business people but also to the general public. Topics examined include when a loan is repayable when no term has been agreed, when is a lender entitled to charge interest and when is a payment a gift and not a loan. These matters can be troublesome in family relationships, such as in the payments made by the ‘bank of mum and dad’. Loans and alleged gifts feature in family law property disputes, also in the administration of deceased estates.
A liquidator appointed to an insolvent company faces challenges when seeking to recover payments made from company funds for the benefit of directors, especially when the payments are not recorded as loans in the company records. The Loan Book 2nd edition also deals with what evidence is required to prove that money is owed.
Features
Concise
Focuses on ‘simple contracts’
Includes a new chapter on deeds
Related Titles
Agardy, Trading Trusts Explained, 2nd edition
Black & Hanrahan, Securities and Financial Services Law, 11th edition
Didenko, Banking Law in Australia, 11th edition