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A provision in a contract, that seeks to impose a penalty on a contracting party in breach, is not enforceable.

ASIC uses its product intervention power to protect consumers from predatory conduct in relation to a loan product.

Banking experts have said that since the pandemic was at crisis point, the digital banking revolution sped up rapidly.

This case highlights that creditors must get personal guarantees right or they may risk not being able to enforce them.

The Takeovers Panel’s (Panel) recent decision in CEMEX’s bid for Rinker highlights the traps in offering foreign currency under takeover bids.

The Personal Property Securities Act 2009 (Cth) (Act) and the Personal Property Securities (Consequential Amendments) Act 2009 (Cth) (Amendment Act) are expected to commence in May 2011. The Act creates one national system for the creation, registration and perfection of security interests in personal property, bringing together the Commonwealth, State and Territory regimes currently in place. The Amendment Act will ensure that any other legislation in effect is compatible with the new system.

Secured parties who benefit from Statutory Protections should consider remedial action before those protections cease.

Guarantors may have a basis to avoid guarantees if the principal loan contract is varied without obtaining their consent.

The NSW Court of Appeal found that a loan agreement was not unconscionable simply because it was "asset lending".

Article considers recent case concerning the duty of good faith of a mortgagee in periods of significant market uncertainty.

The PPSA may have serious consequences for you and your business if you do not take steps to protect your interests.

The NCOSS project, 'Mapping Economic Disadvantage in NSW', was undertaken by NATSEM at the University of Canberra.

A statutory demand issued between 25 March 2020 and 31 December 2020 must provide a demand period of six months.

A forbearance arrangement will ensure that both lender and customer are aligned on the proposed turnaround or workout.

You or your business may create material over which you could claim copyright - a logo, newsletter, drawings or designs.

The Court had power to summarily dismiss proceedings where those proceedings were vexatious or an abuse of process.

Investors grappling with extreme market turmoil, as we have seen, often question the value of financial advice. Perhaps the more pertinent question to ponder is the cost of bad advice. That unrecoverable cost has been evident on several fronts in the past year amid revelations of multiple investment scandals, in which thousands of people have been robbed of their retirement savings.