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On 25 August 2008, the Australian Securities & Investments Commission ("ASIC") together with the Australian Minister for Superannuation and Corporate Law, executed a Mutual Recognition Arrangement ("MRA") with ASIC's US counterpart, the United States Securities and Exchange Commission ("SEC").

Financial difficulties alone will not establish that a loan contract or a settlement deed was entered into under duress.

Peer to Peer (P2P) lending platforms match people who have money to invest with people who are looking for a loan.

The Personal Property Securities Act 2009 is one of the most significant commercial law reforms in recent times.

The Senate Committee on Legal and Constitutional Affairs (Committee) recently conducted an inquiry into the 2009 Bill.

There is considerable confusion amongst mortgage lenders about the PEXA world. In this report we try to simply describe the way forward.

The Federal government formally announces commencement of the PPS regime and changes will affect everyone.

The case demonstrates the importance of making registrations strictly in accordance with the requirements in the PPSA.

Businesses need to take action now or risk automatically losing any rights as a secured creditor after 30 January 2014.

Although the guarantor wife failed in this case, the principles in Yerkey v Jones are still good law in Australia.

These proposed legislative measures have a number of potential borrowing consequences if an SMSF has an LRBA.

Financiers should consider whether a borrower's inability to pay merely reflects a temporary lack of liquidity.

Tractors, crops, livestock, wool, and plant breeder's rights. What do they have in common?

The Act registers security interests in personal property, so landlords will see the true value of a potential lessee.

Under this First Home Buyer Deposit Scheme, purchasers only require 5% deposit for a home mortgage, instead of 10-20%.

While a company's books may be good evidence of the existence of a debt, the evidence is not necessarily conclusive.

Creditors should also consider this case when obtaining payment, if their customers are suffering from insolvency issues.