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The case illustrates the importance of getting terms and conditions right - ensuring that they do what they need to do.

Consideration of current electronic execution laws and our recommendation for a safe execution of loan packages.

A company goes into receivership when an independent person is appointed to protect the interests of a secured creditor.

In a recent decision of the Supreme Court of New South Wales, Young CJ in Equity ordered the Australian Securities and Investments Commission (ASIC) to pay the costs of a defendant who was subjected to orders, obtained by ASIC ex parte, pursuant to section 1323 of the Corporations Act 2001 (Cth), that she be restrained from dealing with her property.

Popular uprisings demanding democratic reforms that have already toppled autocratic regimes in Tunisia and Egypt now threaten vast swathes of the Middle East and parts of Africa. While Libya is currently garnering most attention, Algeria, Jordan, Iran, Bahrain, Yemen have all recently experienced mass demonstrations. To a lesser extent, unrest has also emanated out of Morocco, Syria and Saudi Arabia. Many of these nations are large oil producers.

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...

ACCC claimed that Mastercard engaged in anti-competitive conduct in the supply of debit card acceptance services.

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

A recent decision by the Supreme Court of New South Wales has provided some useful guidance on the meaning of clause 28.2 of the Code of Banking Practice (Code)...

These FAQs explain financial assistance available for individuals and small businesses who require economic support.

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

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.

Major banks have offered green loan products to fund energy efficient commercial properties.

The question of whether higher interest rates charged by a lender constitutes a penalty is discussed in these cases.

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

ASIC responds to the high level of loan application fraud in the home loan market. originating from mortgage brokers.

The article explains transitionary arrangements and protections for existing and future securities under the new system.