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The continuing global credit market tumult has caused financiers to reassess the terms on which they are prepared to provide finance. This reassessment has had a significant impact on the terms and conditions of finance documents.

The Australian Securities and Investments Commission (ASIC) appears to be making up for lost time as it imposed another greenwashing-related penalty, this time against Black Mountain Energy, an upstream oil and gas company, in the amount of AU$39,960.

Recent case discussed if a secured party is entitled to take possession of livestock over which it had a security interest by any means.

New legislation is in place in New South Wales regulating security over ‘goods’ such as personal property, livestock, fish, crops and wool. The Security Interests in Goods Act 2005 (NSW) became operational on 1 March 2006 and replaces the previous system established under the Bills of Sale Act 1898 (NSW) and the Liens on Crops and Wool and Stock Mortgages Act 1898 (NSW).

This recent decision of market-based causation is likely to be of significance to company directors and investors alike.

The Personal Property Securities Act 2009 introduced major changes for businesses that lease or hire personal property.

ASIC has released an Information Sheet (INFO 271) to provide guidance to superannuation and managed funds on how to avoid greenwashing when offering or promoting sustainability-related products.

It will be more difficult for investors to sue listed entities for a breach of the continuous disclosure requirements.

A timely registration on the PPSR can make the difference between protecting your rights as secured creditor or losing priority to, or your goods altogether.

There are key differences between the PPSA in Australia and similar legislation in PNG which govern security interests.

A key focus of the proposed PPSA reforms is to reduce the complexity of the PPS Register.

These amendments aim to reduce PPSA compliance costs for small and medium sized businesses in the leasing industry.

This case is a reminder of the role of the Takeovers Panel in other matters that could affect the control of a company.

Companies should stay aware of any potential changes to s 254T to ensure they are compliant with any dividend payments.

As a matter of commercial risk management, a small business should consider these steps to avoid any legal confusion.

Holders of registered security interests in personal property are urged to check their registrations immediately.

Malaysia is among the countries advancing adoption of International Sustainability Standards Board (ISSB) standards.