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Section 588FA claims – location, location, location

A cause of action based on section 588FA does not necessarily arise in the jurisdiction where it becomes complete. Rather, the Court will look at the series of relevant events to determine where, in substance, the cause of action arose.

That which is attacked under section 588FA is the disposition of property (eg a payment) in respect of an unsecured debt or claim. A debt may be secured by a number of means. These include the equitable lien available to a purchaser who has made payment but has not received title to the subject property. 

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