Cordato Partners, Business Lawyers, Property Lawyers, Tourism Lawyers

Property Development


The news is all bad for Timbercorp investors

Timbercorp investors lost their investments when Timbercorp collapsed in April 2009.

But the investors did not lose their liability to repay their loans with Timbercorp Finance. The loans remained due and payable with interest.

For a while, KordaMentha who were appointed receivers of Timbercorp Finance took no recovery action, as they waited for an investor class action to be concluded.

Then, when the class action failed, they took recovery action, but were stayed pending a High Court Appeal which found that the investors could still defend the recovery claims.

But now, the Supreme Court of Victoria has shut the door on those defences, and the investors will have no choice but to pay up or go bankrupt.

For my case note, click Timbercorp investors have failed in their ‘no loan’ defences to loan recovery claims


Good news at last for Great Southern Plantations Investors - Bendigo Bank loan recovery claims can be beaten!

Not a lot has gone right for investors in the 43 Agricultural Investment Schemes promoted by the Great Southern Plantations Group between 1998 and 2008.

They invested in timber, beef cattle, wine grapes, almond and olive projects. Yes, their investment was tax driven - the money invested was tax deductible immediately. But it was also an investment - they expected to receive their money back and good profits on their investment over the 10 to 12 year term of the project.

Many investors used borrowed money to fund their investment. They took out a loan from Great Southern Finance (another group company), which then on-sold their loan to the Bendigo and Adelaide Bank. Click for more

Is a caveat good security for an investor in a property development?
Investors can make good profits by investing in a property development. A common situation is a land owner who owns land which is ripe for subdivision. But they are missing one vital ingredient - the money - to obtain the approvals and to carry out the site work. Click for more

How property developers can profit from using vendor finance.
Is there some way we can use Vendor Finance by which we can ensure sales and that both the Vendor and Buyer are happy?  Click for more

Two Property Developers hit the wall – after clutching at straws to forestall possession orders on their properties
Property developers are known to use ingenious arguments to forestall possession orders sought by their lenders, after the lender calls up the loan. Click for more

Joint Ventures for Real Estate Investment and Development
If two people combine their knowledge and their money in a property venture, they will often achieve more as partners than they would achieve on their own. Click for more

© Copyright 2018 Cordato Partners