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  • Article

    Reminder of relevant principles in applications for extension of time to convene creditor meetings

    The case is a summary of matters for courts to decide applications for extensions of time to convene creditors' meetings.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Pointon Partners
    Pointon Partners
  • Article

    Statutory demands and proving solvency

    This recent case is a reminder of the high threshold required to prove solvency when faced with a statutory demand.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Madgwicks
    Madgwicks
Article

Allocating risk: the advantages of an indemnity, and practical tips for a pain-free indemnity negotiation

Indemnities are usually one of the most difficult, dreaded, emotive and time-consuming topics in contract negotiations.
AustraliaInsurance
Hunt & Hunt
Hunt & Hunt
  • Article

    Dire hire triangle: Court considers hire charges for CHEP pallets in messy situation

    The decision highlights the reluctance of courts to make formal orders for the retrospective alteration of CHEP accounts.
    AustraliaLitigation, Mediation & Arbitration
    Holding Redlich
    Holding Redlich
  • Article

    Advertising Agency Off The Hook For Misleading Advertisements

    On 25 February 2004, the Full Court of the Federal Court unanimously dismissed an appeal by the Australian Competition and Consumer Commission (ACCC) against the decision of Justice Jacobson in Cassidy v NRMA Health Pty Ltd [2002] in which his Honour held that Saatchi & Saatchi Australia Pty Limited (Saatchi) was not liable for advertisements which it created and developed for NRMA Health Pty Limited and NRMA Insurance Limited (NRMA) notwithstanding that those advertisements were misleading or d
    AustraliaMedia, Telecoms, IT, Entertainment
    Freehills
    Freehills
  • Article

    A Revolution In Personal Property Securities Law

    The consultation draft of the Personal Property Securities Bill, released by the Attorney-General on 16 May 2008, will radically change the way in which security is taken over personal property in Australia.
    AustraliaReal Estate and Construction
    Clayton Utz
    Clayton Utz
  • Article

    PPSA – better finance for landlords as a secured creditor

    The Personal Property Securities Act (PPSA) may give a landlord the status of a secured creditor in some circumstances.
    AustraliaReal Estate and Construction
    Thynne & Macartney
    Thynne & Macartney
  • Article

    Break Fees, Lock-Ups and Disclosure: Wattyl´s Brush

    The recent decision regarding the proposed takeover of paint manufacturer Wattyl Limited (Wattyl) provided an opportunity for the Takeovers Panel (Panel) to consider the appropriateness of the size of a break fee by reference to target annual profit rather than market capitalisation, and the appropriateness of failure to satisfy a regulatory condition as a trigger for payment of a break fee.
    AustraliaStrategy
    Freehills
    Freehills
  • Article

    Securities Lending Contracts Mean What They Say

    Accordingly, the borrower of securities is free to dispose of the securities to third parties - and, if the borrower is insolvent, the lender cannot demand the return of the securities from those third parties.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    The current buy-now-pay-later marketplace

    The premise of these arrangements allows consumers to obtain goods/services immediately and to pay for them over time.
    AustraliaConsumer Protection
    Worrells
    Worrells
  • Article

    Continuous Disclosure Requirements Of The ASX

    In the midst of the awakening Global Financial Crisis last year the Australian Stock Exchange (ASX) was made to answer criticisms that its policing of the Australia stock market was somewhat soft.
    AustraliaCorporate/Commercial Law
    Moray & Agnew
    Moray & Agnew
  • Article

    PPSR Series: The $23 million dollar mistake – the consequences of getting your PPS registration wrong!

    These articles aim to help you better understand how the PPSA applies to you and avoid common pitfalls in registration.
    AustraliaCorporate/Commercial Law
    Madgwicks
    Madgwicks
  • Article

    Taking priority over a PMSI – a guide to section 64 of the PPS Act

    The Personal Property Securities Act establishes a set of rules to determine priority between competing security interests.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Mortgage fraud – a guide for professional advisors

    This article discusses current fraud tactics within the mortgage industry and practices to minimise an exposure to fraud.
    AustraliaCriminal Law
    Watkins Tapsell
    Watkins Tapsell
  • Article

    Australia opens the door to covered bonds

    Australian banks, credit unions and building societies will soon be able to issue covered bonds as part of the Australian Federal Government's package of banking reforms aimed at increasing competition within the banking sector, announced on Sunday 12 December 2010.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Article

    Exercise caution: when can fraud by a witness of a mortgagors signature on a mortgage be brought home to the bank?

    This week's TGIF considers Spiliotopoulos v National Australia Bank Limited [2017] NSWSC 971.
    AustraliaFinance and Banking
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Funds Update - 26 September 2025

    On 18 September 2025 ASIC issued interim stop orders in relation to three credit fund products and on 19 September 2025...
    AustraliaFinance and Banking
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Getting independent legal advice before you go guarantor on someones loan

    Legal advice should be sought before going guarantor on a loan or debt for someone else.
    AustraliaFinance and Banking
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Is a personal guarantee always binding?

    An overview of personal guarantees and circumstances in which guarantors may have a personal guarantee set aside.
    AustraliaFinance and Banking
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Lenders ability to independently enforce their rights under a syndicated loan agreement

    This case raises the importance of clear language in syndicated loan agreements regarding individual rights of lenders.
    AustraliaFinance and Banking
    Clayton Utz
    Clayton Utz
  • Showing 421–440 of 802 results

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