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Important challenges for the OTC derivatives industry were discussed at ISDA's 26th Annual General Meeting in Prague this April, including industry concern over the future shape of regulation of the OTC derivatives market.

An SBR is a debt restructuring tool for companies - or corporate trustees - with insolvency concerns.

The Court was easily able to order an investigation into the performance of a Controller's functions and powers.

W&I insurance is an insurance product specifically developed for use in the mergers and acquisitions (M&A) market.

People can lose their life savings to unscrupulous operators in what are commonly called "black market housing schemes".

Trust accounts required to provide payment security for subcontractors.

Personal property security (PPS) law is facing a major overhaul with the Personal Property Securities Bill 2008 set to replace over 70 pieces of Commonwealth, State and Territory Legislation.

Side deeds create a direct contractual relationship between the lender and a third party to a financing arrangement.

The PPS reforms essentially change the law relating to how security interests are formed and enforced, how priority disputes are to be resolved where more than one security interest is given over the same property and when a security interest can be extinguished (against the wishes of the secured party).

The second issue of Phillips Fox quarterly Corporate Alert newsletter.

The continuing effects of the global financial crisis have resulted in what some have called unprecedented turmoil in financial markets. Some of the volatility in stock markets has been blamed on short selling.

Perhaps the best known provision in the Commonwealth <I>Trade Practices Act</I> 1974 (TPA) is section 52, which provides that "a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive". Section 52 established what has been described as a new norm of conduct for Australian commercial activity and has given rise to literally thousands of reported cases. It has had what in retrospect is a quite dramatic impact on Australian

A core prohibition in the Corporations Act 2001 (Cth) is section 1041H which provides "A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive".

Directors should look at the company's financial position in sufficient detail to satisfy themselves that it is solvent.

Soaring production costs - triggered by severe shortages of skilled labour and high energy prices - are hitting miners.

Mortgage brokers will now also be required to comply with a statutory duty to act in the best interests of consumers.

Your company credit report may present a negative, and possibly inaccurate, view of your true financial situation.