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  • Article

    Margin Lending - Issues 2009

    ‘There will be a single, standard, national regulation and supervision of margin lending by July 1, 2009.’ - Minister for Superannuation & Corporate Law, Senator the Hon Nick Sherry, 18 January 2009.
    AustraliaFinance and Banking
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Subrogation: Further Perils For A Mortgagee

    Incurring a shortfall is of concern for a mortgagee. However dealing with surplus sale proceeds after exercising power of sale or dealing with remaining securities after being fully repaid can also be matters for concern.
    AustraliaFinance and Banking
    Cooper Grace Ward
    Cooper Grace Ward
Article

"Hell and high water" provisions - has the storm abated? Leasing & asset finance in the transport industry

The English High Court has delivered its judgment in the case of ACG Acquisition XXLLC v Olympic Airlines.
AustraliaTransport
Norton Rose Fulbright Australia
Norton Rose Fulbright Australia
  • Article

    Navigating Priority Disputes under the PPSR: Pathways and considerations for Secured Parties

    Overview of the pathways for resolving priority disputes under the PPS Act and their key components and implications.
    AustraliaCorporate/Commercial Law
    Swaab Attorneys
    Swaab Attorneys
  • Article

    Two bids to recover funds under the PPSA unsuccessful

    Two cases where litigants have unsuccessfully invoked the PPSA to try and recover money.
    AustraliaCorporate/Commercial Law
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Alleasing falls in PPSR trap

    This recent decision shows just how costly an incorrect registration on the PPSR can be for a secured party.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Brambles And Continuous Disclosure: Lessons For Listed Entities On Earnings Guidance

    The recent Federal Court decision in Southernwood v Brambles Limited (No 3) [2026] FCA 418 reflects an increasingly forensic judicial and exacting judicial approach to the review of boardroom forecasting and disclosure decisions.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Fine print in asset and share sale agreements - you need those warranties, indemnities and guarantees

    Properly drafted contract clauses give significant protections and risk mitigation in asset and share sale contracts. .
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    Funders May Not Have To Provide Security For Costs In Employee Underpayment Class Actions

    On 10 November 2020, the Full Court of the Federal Court of Australia overturned orders made by Justice Lee which required the litigation funder to provide security for costs in two class actions...
    AustraliaCorporate/Commercial Law
    Johnson Winter & Slattery
    Johnson Winter & Slattery
  • Article

    Initial Coin Offerings (ICOs) in Australia

    An ICO is a fundraising mechanism using blockchain technology (bitcoin or ether) to sell tokens to fund new projects.
    AustraliaCorporate/Commercial Law
    HopgoodGanim
    HopgoodGanim
  • Article

    Personal Property Securities Register explained by Madgwick in a 6 part series: Part 2: Six years on and what have we learnt?

    2nd in a series of articles to assist in a better understanding of how the PPSA applies to you and how to avoid the pitfalls.
    AustraliaCorporate/Commercial Law
    Madgwicks
    Madgwicks
  • Article

    Personal Property Securities Register – what, when and why?

    Registrations on the PPSR are relatively simple and generally inexpensive, and offer protection for security interests.
    AustraliaCorporate/Commercial Law
    McCullough Robertson
    McCullough Robertson
  • Article

    PPSA: Top 5 issues for principals and contractors

    In this article, we identify the top 5 issues under the PPSA which can catch principals and contractors out.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The importance of comprehensive assignment provision in debt trade documentation

    A recent High Court decision demonstrates the importance of drafting a comprehensive assignment provisions in transfer documents.
    AustraliaCorporate/Commercial Law
    Clayton Utz
    Clayton Utz
  • Article

    Top five issues to consider when buying a hire or rental business

    This article explores five issues to consider when taking over an existing hire business by way of an asset purchase.
    AustraliaCorporate/Commercial Law
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Variations Of Existing Charges - Octaviar Overturned On Appeal

    In March we advised you about the Queensland Supreme Court decision of Octaviar. The decision has been overturned by the Queensland Court of Appeal.
    AustraliaCorporate/Commercial Law
    Gadens Lawyers
    Gadens Lawyers
  • Article

    When guidance causes confusion, do not look for consensus? Key lessons for boards following Federal Court decision in Myer shareholder class action

    This recent Federal Court Myer class action was the first judgment in a continuous disclosure shareholder class action.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Christmas in jail for perpetrators of Australia’s worst case of insider trading

    The recent NAB / ABS insider trading scam has been described as the worst instance of insider trading in Australia.
    AustraliaCriminal Law
    HopgoodGanim
    HopgoodGanim
  • Article

    PPS leases: Are you at risk of losing your assets?

    If your assets are in the possession of another person, familiarise yourself with the PPSA so that you know your rights.
    AustraliaFinance and Banking
    Holding Redlich
    Holding Redlich
  • Article

    Insolvency Insights: Queensland Court Decision Highlights ‘Future Property’ Gap In PPSA Security Deed

    A Queensland Supreme Court ruling reveals a critical gap in PPSA security arrangements: even first-ranking security over 'after-acquired property' may not capture future property or expectancies. The decision in Kirk v Moreton Resources Limited demonstrates how relying exclusively on statutory definitions can leave secured creditors vulnerable when competing against assignments of future benefits, particularly in insolvency scenarios.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Cooper Grace Ward
    Cooper Grace Ward
  • Showing 501–520 of 704 results

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