Commonwealth Consolidated Acts

CHEQUES ACT 1986 - SECT 49

  (1)   The holder of a cheque may sue on the cheque in the holder's own name.

  (2)   A holder of a cheque who is a holder in due course:

  (a)   holds the cheque free from any defect in the title of prior parties as well as from mere personal defences available to prior parties against one another; and

  (b)   may enforce payment of the cheque against any person liable on the cheque.

  (3)   Where:

  (a)   the title of the holder of a cheque is defective; and

  (b)   the holder transfers the cheque by negotiation to a holder in due course;

the holder in due course receives a good and complete title to the cheque.