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Article
High Court Rules On Octaviar And Decides That "Variation In The Terms Of The Charge" Indeed Means "Variation In The Terms Of The Charge"
The 1 September 2010 High Court decision in Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd [2010] HCA 29 confirms a return to stability in the long accepted practices surrounding registration and notification of changes to charges over company property.
AustraliaFinance and Banking
Swaab Attorneys
Article
The proof of debt and the secured creditor - How to avoid accidentally giving up your security
If a creditor doesn't want to surrender their security, then they should make it clear in the way they complete the POD.
AustraliaInsolvency/Bankruptcy/Re-Structuring

Coleman Greig Lawyers

Changes To Fundraising Laws

Corporations Legislation Amendment (Simpler Regulatory System) Act 2007</I> was given Royal Assent on Thursday 28 June 2007. There are six groups of amendments to the fundraising provisions of the Corporations Act.

AustraliaCorporate/Commercial Law

It Depends – When is a negative gearing trust structure appropriate?

Discusses a negative gearing trust structure - what they are and when they are appropriate.

AustraliaCorporate/Commercial Law

Cooper Grace Ward

Personal Property Securities legislation commences in Papua New Guinea

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

AustraliaCorporate/Commercial Law

Norton Rose Fulbright Australia

There's an indemnity clause in the draft contract… What are you going to do about it?

For an indemnity clause to be enforceable and avoid a contractual dispute, it must be drafted clearly and effectively.

AustraliaCorporate/Commercial Law

A charge may be rectified after the debtor has been placed in liquidation or administration

An analysis of Saraceni v Mentha [No.2] [2012] WASC 336.

AustraliaFinance and Banking

A "Prime" example of a mortgagee exercising its power of sale

We discuss CME Properties (Australia) Pty Ltd v Prime Capital Securities Pty Ltd.

AustraliaFinance and Banking

Corrs Chambers Westgarth

An Update on Structured Covered Bonds

Covered bond issuance is very attractive to banks and other financial institutions because it offers potential funding advantages including access to new and wider investor bases and relatively low costs of funding.

AustraliaFinance and Banking

Application of the Code of Banking Practice to corporate guarantors

The WA Supreme Court confirmed that a corporate guarantor could not rely on a breach of the Code of Banking Practice.

AustraliaFinance and Banking

Corrs Chambers Westgarth

ASIC Prohibits Short Selling Of “Borrowed” Stock

Both naked short selling and covered short selling (except for a limited market maker exception) are banned for the time being. ASIC will reassess this position in 30 days time.

AustraliaFinance and Banking

Norton Rose Fulbright Australia

Australian Sustainable Finance Taxonomy: Market Insights From World-first Pilot Program

Australia is testing the Taxonomy in practice with some of the country's largest financial institutions.

AustraliaFinance and Banking

Corrs Chambers Westgarth

Banks beware – a prominent written notice may not be a prominent notice for the purposes of the Code of Banking Practice

Bankers should leave the documents with guarantors overnight or ensure that the written warning is read by the guarantor.

AustraliaFinance and Banking

Corrs Chambers Westgarth

Banks can breathe a sigh of relief with High Court ANZ bank fees decision

A High Court ruling confirmed that the ANZ bank was entitled to charge late payment fees of up to $35 to its customers.

AustraliaFinance and Banking

Brief Guide to PPSA Readiness

The PPSA impacts on the taking, registration and enforcement of security over almost all kinds of property, except land.

AustraliaFinance and Banking

Pacific Legal Network

Documentation developments: Section 2(a)(iii) of the ISDA Master Agreement

ISDA's clarification will put a time limit on how long the non-defaulting party is entitled to suspend its obligations under Section 2(a)(iii).

AustraliaFinance and Banking

Does a breach of clause 25.1 of the Code of Banking Practice render a guarantee void? It appears not

Any such alleged breach is likely to be a claim in damages only and is unlikely to render a guarantee void or voidable.

AustraliaFinance and Banking

Corrs Chambers Westgarth

Everything you wanted to know about PPSA but were too afraid to ask - The Piggy Bank windfall - aka "the acronym edition"

The article considers the impact of the PPSA on leases which do not secure the payment or performance of an obligation.

AustraliaFinance and Banking

Family loans under the microscope

This case has important ramifications in the agricultural sector, where land is often transferred on an informal basis.

AustraliaFinance and Banking

Thynne & Macartney

High Court finds against ANZ in landmark decision on bank fees

The court held certain bank fees charged by ANZ could be characterised as penalties, so are potentially unenforceable.

AustraliaFinance and Banking

Showing 241–260 of 802 results

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