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Discusses trading surveillance by ASIC after assuming market supervision control.

Ticking a PMSI Box at the registration of a security interest, without a PMSI, is an unperfected security interest.

This article in the series discusses tricks and traps when taking security over intellectual property. .

When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p

Any security interest under a conditional sale (retention of title) agreement must be properly registered on the PPSR.

The Court of Appeal clarified the scope of the duty to exercise the care and skill of a diligent and prudent banker.

Beneficial shareholding information obtained by ASIC in response to tracing notices will now be passed on to the relevant company under a recent change in ASIC’s practice.

For a preference to be 'from the Company', then the receipt of it by the creditor should diminish the company assets.

The High Court's recent Judgment in Lavin v Toppi contains useful reminders and guidance on the liability of co-sureties.

The effect of the termination of a DOCA in relation to personal guarantees provided to support the DOCA.

A public examination is a court-ordered investigation to discover more information about a company's financial affairs.

There are many factors to be considered for a range of parties' interests in real property subject to a bankrupt estate.

Suppliers should ensure that retention of title provisions are well drafted and registered as a security on the PPSR.

For repayment plans, ensure that you maintain current contact information and payment records to avoid overpayments.

Warranty and indemnity (W&I) insurance has become a ubiquitous part of negotiated M&A in the Australian market.

The Victorian Supreme Court confirms that an application to set aside a statutory demand can be served electronically.

Despite these proposed changes, farm debt mediation is overall a relatively inexpensive and efficient process.