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The court held that unless a limited exception applies, it does not have power to adjust the liability of a co-guarantor.

On the 17th of March, the Minister of Commerce released a Cabinet Paper (Paper) outlining the proposed reform of New Zealand's securities law. This Paper follows on from the Review of Securities Law Discussion Document released by the Ministry of Economic Development in June 2010. A regulatory impact statement containing an analysis of available options to improve securities law has also been released. The Paper contains numerous proposals containing significant amendments to the structure of Ne

What is a registered design? A "design" is the original visual appearance of an article. Examples of registered designs include Ken Done sheets and Speedos. Designs may be protected through registration under the <EM>Designs Act</EM> 2003 ("2003 Act"), which replaced the <EM>Design Act</EM> 1906 ("1906 Act") with effect from 17 June 2004.

The Federal Court gave a boost to class actions against banks when it ruled that late fees charged by ANZ were penalties.

The ACI's review reveals that there are AFSL holders who do not understand the scope of their compliance obligations and/or who have inadequate compliance structures.

A mortgage is the preferred way for a lender to secure its debt until the loan has been repaid in full.

Financiers should treat any request from a developer to relax any of these protections and safeguards with caution.

Although this case is not strictly binding on Australian courts, it may be persuasive to interpret the Standard Terms.

On 13 November 2008 the Federal Government announced details of the final Corporations Amendment (Short Selling) Bill 2008 (the Bill) which is designed to impose permanent restrictions on short selling.

Registrations on the PPSR are relatively simple and generally inexpensive, and offer protection for security interests.

The Banking Code of Practice 2025 introduces significant changes to the previous banking code.

The recent decision of the Supreme Court of New South Wales in Re Capel Finance Ltd [2005] NSWSC 286 serves as a salient reminder to those involved in the preparation of members’ schemes of arrangement that the discretion of the court under section 411(1) of the Corporations Act is real—and not to be taken lightly.

A mere breach of the Code of Banking Practice does not of itself necessarily result in an adverse finding against a bank.

This case shows the importance of clearly identifying parties to a contract and the capacity in which each party signs.

This article discusses aspects of the banking and financial systems in Australia necessary for foreign investors.

The changes to superannuation are complex, unfair and rushed. More time is needed for people to make decisions about their long-term commitments.

The Jams case is a reminder that if vetting processes for potential borrowers are not sufficient, loans may be set aside.