Joint and Several Guarantees
Life after Harplex Pty Ltd v Konstandellos & Ors  VSCA 67
Barristers Simon Minahan and Amelia Hughes will review the recent decision of the Victorian Supreme Court of Appeal in Harplex, and it's consideration of the law on joint and several liability and the thorny issue of releases of co-guarantors/joint debtors.
Their discussion will focus on:
* the position of a settlement between co-guarantors and creditor post Harplex;
* the effect of the “abolition” or abrogation of joint guarantees;
* the position regarding contribution claims as between co-guarantors and co-guarantors and principal debtor, in cases where one or more guarantors has
settled with the creditor, and
* the implications for claims involving co-guarantors.