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Australian Securities and Investments Commission – the regulator & prosecutor. Who regulates the regulator?

Implications for bailment, consignment and retention of title creditors with a PMSI.

Go Shops remain a rarity in the Australian M&A market.

The Court of Appeal recently handed down a decision which is relevant to the entitlement of a lender to proceed with enforcement action in respect to a ‘farm mortgage’.

The Australian financial services license (AFSL) landscape has just shifted under your feet. The Australian Securities & Investments Commission (ASIC) now requires all new and current ...

When a receiver receives property post-appointment, the receiver is not subject to pay the other priority creditors.

Cross-collateralisation benefits available to a seller pre-Personal Property Securities Act may soon be available again.

This recent decision confirms the difficulties which a party will face when seeking to restrain a call upon a security.

Following ASIC’s release of ASIC Corporations (Listed Entities Enhanced Beneficial Ownership) Instrument 2026/482 (Instrument) and its revised Guidance Notes1, we now have a clearer understanding...

The Tax Administration Act gives the Taxation Commissioner power to collect tax debts from third parties who owe money to a taxpayer.

When looking to sell your franchise, it can be very difficult to find the right buyer. If you are struggling to find someone to purchase your franchise, you may have received an offer for vendor financing.

The ADI's unregistered security interest was protected over the registered security interest of a secured creditor.

The vast majority of mortgage loans are wholly variable at the lender’s discretion. But are they?

Australian financial markets face a fundamental shift in disclosure requirements from December 2026, as new rules expand substantial holding obligations beyond traditional voting interests to capture derivative positions and economic exposure. Market participants must now navigate complex calculations involving physically settleable derivatives, cash-settled instruments, and offsetting short positions—with no grandfathering for existing holdings.

There could be lenders whose current security arrangements are unenforceable because stamp duty has not been paid,.

Australia will adopt the Cape Town Convention which will benefit Australian airlines and increase security for creditors.

The full Federal Court, in its clear and well-reasoned decision allowing the appeal in Leveraged Equities Limited v Goodridge [2011] FCAFC 3, has allayed concerns raised by the first instance decision in relation to assignment transactions, especially securitisations.

The PPSA regime provides priority to registered security interests and so provides certainty to the finance community.