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2 What is assignment?

  • Under general law, a debt or other chose in action may be assigned by two methods:
    • legal assignment or equitable assignment.
  • A legal assignment is absolute if the requirements of s 12 of the Conveyancing Act have been satisfied. Several steps must be taken before s 12 of the Conveyancing Act causes an assignment of the kind it describes to be “effectual in law”.
  • There must be a written instrument. It must be executed by the assignor.
  • And express notice of the assignment must be given to the debtor.