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    This article also analyses the potential for success (whatever that means when most parties are likely to suffer loss) of some of the litigation that has been announced, particularly the voidable transaction claims that may be brought if the administrators are unsuccessful in negotiating a compromise with Opes Prime’s financiers. In the short-, medium- and long-term, the only real winners may be the lawyers and their backers, the litigation funders. Finally, this article concludes that, while the immediate future of margin lending is uncertain and some of the legal techniques used to make it work from a creditor’s perspective may be under fire, margin lending is not dead.

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    The website of ASLA makes it clear that ‘legal title of securities lent under the AMSLA passes from the lender to the borrower and back to the lender when the securities are returned. & According to its website, ASLA was formed in 1991 to provide ‘unified representation in regulatory and other issues relevant to its members. & Its membership encompasses investment banks, custodians, insurance companies, brokers and dealers, including leading margin loan businesses such as ANZ and Merrill Lynch Equities Australia Ltd If ASLA’s understanding of the terms of the AMSLA corresponds to the industry’s understanding, then Finkelstein J’s findings are in accordance with industry views.

    The courts did not grant injunctions in all cases involving the transfer of shares. It is a longstanding tenet of equity that a court will not grant an injunction if it finds that damages would be an adequate remedy. In other words, unless there were extenuating circumstances such as an imminent takeover, ANZ could be ordered to place Opes Prime’s clients in the position they would have occupied if the equivalent securities had been returned. This could be done even if it were ultimately found that ANZ did not own the securities. ANZ could either pay cash by way of damages or go on market and purchase equivalent securities to return to Opes Prime’s clients.

    The media has suggested that Merrill Lynch’s position may be different to ANZ’s because its purported charges from Opes Prime Stockbroking Ltd were either registered too late or not at all Charges capable of registration but not lodged with ASIC for registration within 45 days of creation or at least six months prior to the commencement of the administration are void as security against the administrator Merrill Lynch took an initial fixed charge in relation to particular shares and cash on 30 October 2006, but did not register the charge until 5 October 2007 Accordingly, this initial fixed charge would be void as security against the administrator because it was registered after 45 days of its creation and (just) less than six months prior to the commencement of the administration on 27 March 2008.

    Even if ASIC is deputised to supervise margin lenders and the Opes Prime business model is outlawed, investors still need to consider how best to protect themselves. The ASIC website has useful tips for consumers Investors need to ask questions about what they are signing and read agreements themselves. If the agreement says something different from the explanation provided by the person who wants your money, be wary and seek independent advice. If the deal seems too good to be true, it probably is.

    Opes Prime purchased some of Tricom Securities’ loan book: Adele Ferguson, ‘Tricom Duo to List Opes Prime’, The Australian (Sydney), 7 March 2008, 19 (erroneously referring to Julian Smith as ‘Julian King’) On the transactions between Opes Prime and Tricom, both of which were bankrolled by ANZ, see Michael West, ‘More than Meets the Eye when Large Lines of Opes Prime Stock Crosses Market’, BusinessDay, The Age (Melbourne), 1 April 2008, 10.

    See ibid See also John Lindholm, Adrian Brown and Peter McCluskey, Opes Prime Stockbroking Ltd (Administrators Appointed) (Receivers and Managers Appointed) ACN 086 294 028: Interim Report by Administrators (24 April 2008) 8. Media reports about what went on during this period are conflicting. Based on one report, ANZ may have been in discussions with Opes Prime from early March: Patten and White, above n 32 , 59. Another report, quoting Minter Ellison partner Brendon Watkins, suggests that ANZ was surprised when directors asked for $95 000 000 worth of additional financial support on 19 March 2008: Michael Pelly, ‘Claims Pile Up Just Like the Old Days”’, The Australian (Sydney), 11 April 2008, 6.

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  • Introduction to Private Investigators Perform – How Private Investigators Work

    Among the positive facets of the line of work is diversity and the variation of any given day or week. I may begin my day checking email or running a free consultation with a potential new client then find myself traveling across town to get in place for surveillance before the region is left by a subject. With me sitting in my car, staring at the front door of a house for 6 hours in the freezing cold and unable to crank the vehicle to warm up, or it may start off at 4am. Afterward the nighttime might conclude with an interview at 8pm with a witness an attorney has had trouble getting in touch with.

    Because computer forensics specialists need to use computers and possess investigative skills, considerable training might be needed. Many learn their trade while working for a law enforcement agency for many years. At work, they can be taught how to assemble evidence and spot computer-related crimes.

    There are a lot of things you can learn about process service from a private investigation company.

    Might it be interesting? A lot of the time, yes. I constantly meet with colorful characters along the way even if I do not care about the results of a case. Investigation work is a great sideline to my other occupation and real avocation: mystery writer.

    Is investigation work enjoyment? Well, no, not ordinarily speaking, if you don’t consider composing reports, reading endless files, and sitting in a cold car for hours on end to be a real hoot.

    Additional qualities that one should possess are discipline, common sense, patience and good intuition. Because much of the work can expect an individual to be a self-starter and to start various measures for resolution to a case, it’s imperative that the investigator be able to think on their feet and use solid analytical thinking to learn the most appropriate next steps. They should also have the fortitude to stay with a certain situation until all leads are exhausted.

    Accountants and auditors prepare and examine financial records. They ensure that taxes are paid properly and on time and that financial records are accurate. Auditors and accountants assess fiscal operations and work to help ensure that organizations run economically.

    Just like I was saying, there is a lot of great information that private investigators can teach us about fraud investigations.

    You’d better research it, before you invest your money or time in a fresh company or other financial deal. A company may appear totally valid, with a a pleasant secretary a fancy office and a readily accessible record of previous customer referrals. But it might be a sophisticated scam. A private investigator can check public records for licensing, claim judgments, bankruptcies, state and federal tax liens that are little, and other judgments or defaults.

    I am not really certain, but I feel that most people likely think it’s much more glamorous than it actually is. It’s a great deal of very hard work; doing hours of research online before you even leave the house, driving miles to the case, sitting hours on a website waiting for something to go down, getting it all on film, driving back home, and then writing everything up in a report. Not too glamorous. But there are moments, like when after hours of waiting, thinking the day’s wasted, and suddenly seeing the subject (supposedly totally handicapped) drive from his place, you follow him for miles and miles to a junkyard, where he spends the next 2 hours crawling all over a junked automobile stripping components off of it. And recording it all on videotape. That makes the job rewarding.

    The Licensing Unit has received a number of complaints from consumers who hired someone that claimed to be “working under the permit of a PI” and had no license. It’s illegal for a person to work as a PI or to claim they are working under a PI’s license unless that person has a valid PI Permit. Ask to see their license and record the number as well as expiration date.