802 results found

Indemnity clauses are often added to contracts to transfer risk in the case of a specific event.

Drafting and interpreting pre-emptive rights arrangements and when those rights may or may not be triggered.

Recently, the Treasury issued a position and consultation paper titled 'Insider Trading', which sought public comments on how the government should deal legislatively with recommendations made by the Corporations and Markets Advisory Committee (CAMAC) in its 2003 report on insider trading.

A purchase money security interest (PMSI) is a type of security interest which receives a super priority under the PPSA.

What lessons can be learnt from the first year of the PPSA, and how can businesses protect their assets in the future?

ASIC's INFO 213 perfectly highlights some of the regulatory challenges faced by new entrants into the Fintech space.

Mortgagees must take reasonable steps to ensure the mortgagor is, or will be, the registered proprietor of the mortgaged land.

In the case, the legal nature and effect of an amendment and restatement of a guarantee document was the central issue.

A bank fee may be found to be penal if it is out of proportion to the obligation that the stipulation sought to secure.

Discussion of Alceon Group Pty Ltd v Rose [2015] NSWSC 868.

ASIC recently set out guidelines to how Retail Lenders should deal with consumers regarding loan repayment deferrals.

The registration of a subsequent mortgage without the first mortgagee's consent could derail a consensual sale process.

Article considers a recent case which examined a priority contest between competing equitable interests in property.

The Personal Property Securities Act 2009 (PPSA) will have a significant impact on the core business operations of many industries. Businesses need to review their operations now and make arrangements to ensure their interests are protected when the PPSA commences

Three issues to be considered with bank guarantees are autonomy rules, balance of convenience, and the agreement itself.

A mortgagor's restitutionary obligation to repay money mistakenly advanced was secured by the bank's All Moneys mortgage.

APRA's clarification of its policy on the regulatory capital treatment of certain securitisation exposures held by ADIs goes some way to meeting industry concerns, but leaves some unresolved questions.