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  • Article

    Personal Properties and Securities Act and your business

    The Personal Properties and Securities Act is likely to commence in 2012 and will affect a wide range of businesses.
    AustraliaFinance and Banking
    Truman Hoyle
    Truman Hoyle
  • Article

    Maritime claims in an insolvency appointment

    This article discusses what can happen in a liquidation for a creditor of a company in the maritime industry.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Worrells
    Worrells
  • Article

    An overview of Guarantees and Indemnities

The article identifies distinguishing features of both guarantees and indemnities and considers significant differences.
AustraliaCorporate/Commercial Law
Aitken Lawyers
Aitken Lawyers
  • Article

    CK 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 Law
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Court Sets Aside Statutory Demand Premised On Poorly Drafted Deed

    The Court's decision is a warning to drafters of guarantees to ensure that any guarantee is clear and unambiguous.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Not my guarantee! Trade creditor faces consequences for accepting electronic signature at face value

    The company director was not liable as a guarantor when his electronic signature was affixed without his knowledge.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    NSW Court of Appeal clarifies the meaning of fixtures under the PPSA – Financiers take note

    The decision is unsurprising but provides judicial confirmation of what was a commonly held understanding of fixtures.
    AustraliaCorporate/Commercial Law
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    The power (and mess) of security interests

    The article is a quick guide to some common issues relating to securities and the Personal Property Securities Act 2009.
    AustraliaCorporate/Commercial Law
    Worrells
    Worrells
  • Article

    Thinking 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 Matrimonial
    Surry Partners
    Surry Partners
  • Article

    ASIC releases proposed good practice guidance on advertising financial products and advice services

    New consultation paper setting out proposed guidance to assist promoters and publishers has been released by ASIC.
    AustraliaFinance and Banking
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Enforceable undertakings (EUs): Some practical tips

    EUs are an ASIC regulatory tool used for breaches of financial services obligations by AFS licensees and their officers.
    AustraliaFinance and Banking
    Henry Davis York
    Henry Davis York
  • Article

    Family Feud – The risks of loaning money payable on demand

    A written loan agreement between the creditor and debtor could save the parties significant cost and heartache.
    AustraliaFinance and Banking
    Sajen Legal
    Sajen Legal
  • Article

    How 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 Banking
    DibbsBarker
    DibbsBarker
  • Article

    Implementation of recommendations from the Banking Royal Commission

    AFSL and ACL holders should implement these changes and it would also be timely to review their compliance program.
    AustraliaFinance and Banking
    ClarkeKann Lawyers
    ClarkeKann Lawyers
  • Article

    Personal Properties and Securities Act to commence in early 2012

    The PPS Act will consolidate the different Commonwealth, state and territory legislation into one national law.
    AustraliaFinance and Banking
    Truman Hoyle
    Truman Hoyle
  • Article

    Verification of identity (VOI): a refresher

    A refresher on the purpose of and procedure for conducting verification of identity (VOI) in a financing scenario.
    AustraliaFinance and Banking
    McCullough Robertson
    McCullough Robertson
  • Article

    Directions engineered: Conduct justified – Substantive rights not affected

    The liquidator was justified in making distributions to creditors despite claims by employees for leave entitlements.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    How your clients can effectively and securely fund employee entitlements

    Securing a loan when the company is solvent is an important aspect of asset protection and risk management.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Worrells
    Worrells
  • Article

    Turns 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-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Loans which are simply - Repayable On Demand - beware of limitation periods

    Legal limitation periods may in fact preclude you from successfully taking legal proceedings to recover the loan.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Showing 541–560 of 802 results

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