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  • Article

    The Full Federal Court upholds ANZ Bank's entitlement to charge late payment fees

    At this stage, the decision is a major obstacle for plaintiffs in current and future class actions relating to penalties.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    COVID-19 financial assistance for small and medium businesses in 2021

    The SME Recovery Loan Scheme operates until 31 December 2021, to assist eligible businesses to access financial support.
    AustraliaCoronavirus (COVID-19)
    Rostron Carlyle Rojas
    Rostron Carlyle Rojas
Article

Are creditors able to block the sale of a small business?

Generally speaking, a creditor has no legal right to block the sale of a business which is indebted to that creditor.
AustraliaCorporate/Commercial Law
Stacks Law Firm
Stacks Law Firm
  • Article

    ASX Equity Markets Review - maybe Western Australia is special, after all

    The Australian Securities Exchange (ASX) has commenced a review of the small and medium enterprise, mid-cap and micro-cap equity markets, aimed at, amongst other things, better meeting the needs of issuers and investors based in Western Australia.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Impacts on Real Estate - New Personal Property Securities Act

    Real estate is not directly affected by the new regime, but there are issues for leasing and other real estate matters.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Are loan books next on the block for Australia?

    Australia has the third highest household debt levels in the OECD, first recession in 30 years and worst in a century.
    AustraliaFinance and Banking
    McCullough Robertson
    McCullough Robertson
  • Article

    Asset Ownership Time Bomb!!!!! Personal Property Security Rules to Start 31 January 2012.

    The Personal Property Security Legislation will create a simple online registration system for all security interests.
    AustraliaFinance and Banking
    Moore Australia
    Moore Australia
  • Article

    Australian shareholders, an Australian company, and a US class action? US Supreme Court to decide

    The globalisation of financial markets has increased the incidence of global fraud. However, regulation, especially in the sense of private enforcement through class actions, depends on a political and legal system built around state sovereignty. The United States class action procedure has been used against a foreign corporation by foreign investors who purchased the corporation's securities on a foreign securities exchange. The scenario is often referred to as a "foreign-cubed" or "F-cubed" se
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    Bankruptcy and the forgotten mortgage: Storm Financial case

    Can secured debts become statute barred? Discusses section 13 of the Limitations of Actions Act 1974 (Qld).
    AustraliaFinance and Banking
    Worrells
    Worrells
  • Article

    Breaches of the Code of Banking Practice may result in a challenge to the enforcement of a guarantee

    Provisions of the Code of Banking Practice may be incorporated into loan agreements, and guarantees given by individuals.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Can a borrower sue a lender after discharge of its mortgage?

    This reinforces existing authority that, when a borrower pays out its mortgage, it has limited rights against the lender.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Can a creditor issue a statutory demand for part of a debt? Is it a strategic option?

    A debtor can have a statutory demand set aside if there is a genuine dispute as to the existence or amount of the debt.
    AustraliaFinance and Banking
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Debt management and credit repair companies will soon be required to hold an Australian Credit Licence

    These regulatory changes could herald a major shakeup in the debt management and credit repair industries in Australia.
    AustraliaFinance and Banking
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Enforcing mortgages and loan documents with allegedly forged signatures

    The case reinforces the assumptions a lender may have when dealing with loan documents with allegedly forged signatures.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Guaranteed certainty: Creditors not required to exhaust remedies against a debtor before seeking to enforce a guarantee

    It is the duty of the guarantor, not the creditor, to ensure that a debtor performs the principal obligation.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Guarantors must - pay now, sue later

    A properly drafted suspension clause will prevent guarantors from deferring payment, except in limited circumstances.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    How does your balance sheet look? What are the warning signs?

    Take heed of these warning signs of your company's declining financial health and take action to protect your business.
    AustraliaFinance and Banking
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Lenders and financiers: The importance of meeting obligations

    Lenders and financiers have an obligation to act fairly and in good faith with respect to borrowers in mortgage lending.
    AustraliaFinance and Banking
    Holman Webb
    Holman Webb
  • Article

    Lenders beware – will you be able to prove service of your default notices?

    A lender must comply with the terms of its loan agreement and mortgage before commencing legal proceedings.
    AustraliaFinance and Banking
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    M&A Review: Market insights & outlook for 2026

    Recent interest rate cuts and lower tariffs are generally supportive of deal activity, but uncertainty in the US is affecting investor confidence.
    AustraliaFinance and Banking
    Holding Redlich
    Holding Redlich
  • Showing 361–380 of 802 results

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