ArticlePersonal Properties and Securities Act and your businessThe Personal Properties and Securities Act is likely to commence in 2012 and will affect a wide range of businesses.AustraliaFinance and BankingTruman Hoyle
ArticleMaritime claims in an insolvency appointmentThis article discusses what can happen in a liquidation for a creditor of a company in the maritime industry.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleCK Alert: Contract indemnities – why the fuss?Indemnities can provide certainty and can be useful to shift liability to the party best placed to manage the risks.AustraliaCorporate/Commercial LawClarkeKann Lawyers
ArticleCourt Sets Aside Statutory Demand Premised On Poorly Drafted DeedThe Court's decision is a warning to drafters of guarantees to ensure that any guarantee is clear and unambiguous.AustraliaCorporate/Commercial LawCorrs Chambers Westgarth
ArticleNot my guarantee! Trade creditor faces consequences for accepting electronic signature at face valueThe company director was not liable as a guarantor when his electronic signature was affixed without his knowledge.AustraliaCorporate/Commercial LawCorrs Chambers Westgarth
ArticleNSW Court of Appeal clarifies the meaning of fixtures under the PPSA – Financiers take noteThe decision is unsurprising but provides judicial confirmation of what was a commonly held understanding of fixtures.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleThe power (and mess) of security interestsThe article is a quick guide to some common issues relating to securities and the Personal Property Securities Act 2009.AustraliaCorporate/Commercial LawWorrells
ArticleThinking about helping your children buy a property? Read this…Parents should document any funding arrangement of a family property purchase, to avoid the risk of a costly dispute.AustraliaFamily and MatrimonialSurry Partners
ArticleASIC releases proposed good practice guidance on advertising financial products and advice servicesNew consultation paper setting out proposed guidance to assist promoters and publishers has been released by ASIC.AustraliaFinance and BankingNorton Rose Fulbright Australia
ArticleEnforceable undertakings (EUs): Some practical tipsEUs are an ASIC regulatory tool used for breaches of financial services obligations by AFS licensees and their officers.AustraliaFinance and BankingHenry Davis York
ArticleFamily Feud – The risks of loaning money payable on demandA written loan agreement between the creditor and debtor could save the parties significant cost and heartache.AustraliaFinance and BankingSajen Legal
ArticleHow far do banks need to go to discharge their obligation to try to help a borrower in financial difficulty?What amounts to a bank's 'best endeavours' to try to help is likely to depend on the objective facts of each case.AustraliaFinance and BankingDibbsBarker
ArticleImplementation of recommendations from the Banking Royal CommissionAFSL and ACL holders should implement these changes and it would also be timely to review their compliance program.AustraliaFinance and BankingClarkeKann Lawyers
ArticlePersonal Properties and Securities Act to commence in early 2012The PPS Act will consolidate the different Commonwealth, state and territory legislation into one national law.AustraliaFinance and BankingTruman Hoyle
ArticleVerification of identity (VOI): a refresherA refresher on the purpose of and procedure for conducting verification of identity (VOI) in a financing scenario.AustraliaFinance and BankingMcCullough Robertson
ArticleDirections engineered: Conduct justified – Substantive rights not affectedThe liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleHow your clients can effectively and securely fund employee entitlementsSecuring a loan when the company is solvent is an important aspect of asset protection and risk management.AustraliaInsolvency/Bankruptcy/Re-StructuringWorrells
ArticleTurns on the terms - When does a creditor suffer loss because of a company insolvency?Notwithstanding the arrangement for deferral of payment, the creditor suffered a loss in the amount of unpaid invoices.AustraliaInsolvency/Bankruptcy/Re-StructuringCorrs Chambers Westgarth
ArticleLoans which are simply - Repayable On Demand - beware of limitation periodsLegal limitation periods may in fact preclude you from successfully taking legal proceedings to recover the loan.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea