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On 21 November 2008, the Government released: the Guarantee that will apply to deposit liabilities held with eligible Australian authorised deposit-taking institutions (ADIs) in excess of $1 million and to wholesale funding liabilities of eligible ADIs; and the Rules that will govern access to the Guarantee.

This recent unanimous decision of the High Court of Australia highlights the need for mortgagees to carefully consider the terms contained in their guarantees, as certain provisions can displace priority arrangements between mortgagees in any enforcement action, through rights of subrogation.

Both ASIC and ASX are scrutinising the activity of companies seeking to undertake IPOs and ASX listings.

The ATO has issued a draft taxation ruling which, if finalised, will effectively end the debate over whether or not loans to self-managed superannuation funds can be guaranteed by a member of the superannuation fund in their own right.

Explore how emerging technologies and evolving regulatory frameworks are reshaping the legal landscape. This multimedia publication examines the intersection of innovation and legal practice, offering insights into the transformative forces affecting the profession.

Developments in Credit Regulation; Cook and Anor v Permanent Mortgages Pty Ltd [2007] NSWCA 219

On 26 June 2026, the Federal Court of Australia delivered judgment in Australian Securities and Investments Commission v Mercer Superannuation (Australia) Limited [2026] FCA 832, ordering Mercer Superannuation (Australia) Limited (MSAL) to pay $10.3 million in penalties and $1.2 million in costs.

In this issue: Unregulated loans riskier than UCCC loans?; Can your borrowers repay their loans?

A purchase money security interest is a special type of security interest, with priority when registered on the PPSR.

The Australian Competition and Consumer Commission (ACCC) and Australian Securities and Investments Commission (ASIC) continue to be vigilant and seek significant penalties for alleged "greenwashing" (misleading environmental or sustainability claims).

NECS is very much in the consultation phase. It is likely to adopt some, but not all, of the Victorian model.

Should legal agreements contain a company’s ACN or ABN? Surprisingly, the choice can have quite wide ranging consequences.

The Qld court considered 'irrevocable authorities' and the liability of third parties under the rule in Barnes v Addy.

Although the main problems have now been largely resolved, issues still remain.

Australia is introducing three new licensing exemptions for foreign financial services providers that will take effect in April 2027. These exemptions—covering professional investors, comparable regulators, and market makers—will allow certain FFSPs to conduct financial services business without obtaining an Australian Financial Services Licence, provided specific conditions are met.

Victoria is piloting electronic conveyancing. At this stage the proposals are limited to electronic settlements and the rest of conveyancing practice will remain unchanged. The Victorian Department of Sustainability and Environment have released consultation drafts of documents relating to this Electronic Conveyancing System (EC System).

There is still no indication as to when the new law will commence, and the industry is pressing for a significant lead-in time to allow systems and procedures to be developed.