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Borrowers who took on more debt than they could afford to repay used to obtain little sympathy from the courts. This has now changed.

In 2019, ASIC and ASX have had a continued focus on enhancing the integrity and corporate governance practices of entities seeking to conduct IPOs, with ASX's amendments to the Listing ...

Capital raising is often treated as a discrete event – a round closes, the money lands, and the business moves on. However, for some start-ups and scale-ups, raising capital is a long-term lifecycle decision: each raise shapes the next one, and early decisions around structure, disclosure settings and investor rights can compound over time.

Shareholder class actions in Australia typically bring statutory claims that require causation to be demonstrated.

This briefing paper aims to answer some key PPSA related questions pertinent to the Australian construction industry.

First in a series of articles to assist in a better understanding of how the PPSA applies to you and how to avoid the pitfalls.

The recent case of Cooper as Liquidator of Runtong Investment and Development Pty Ltd (In Liq) v CEG Direct Securities Pty Ltd [2024] FCA 6 (Cooper), shed light on when the Court will intervene...

Although most lenders are focused on the major problems presented by the liquidity crisis, there are many continuing developments in the realm of consumer protection.

The Court upheld the appeal and confirmed that the supplier was protected by the transitional provisions in the PPSA.

The US capital markets continue to provide a valuable source of funding for Australian companies. Larger Australian IPOs and capital raisings continue to be structured to access US investors...

The Financial Sector (Collection of Data) Act requires most mortgage lenders to be registered.

Earlier this month, ASIC introduced the ASIC Market Integrity Rules (Securities Markets and Futures Markets) Amendment Instrument 2022/74 (the Amendment Instrument)

A landlord's ability to recover money from a tenant in circumstances of insolvency is affected by the security they take,.

The recent decision of Re HIH Insurance Ltd (In Liq) [2016] NSWSC 482 seeks to address a number of questions concerning the onus of proving causation in securities actions.

In one of those cases, Selig v Wealthsure Pty Ltd, special leave was sought and granted by the High Court of Australia.

A defect in a PPSA registration may render a security interest ineffective, which may be disastrous for a secured party.

"Continuous disclosure" refers to the requirement to inform the market about material information affecting the company.