802 results found

Australian lenders or borrowers should structure a security package sensitive to different systems of law and practice.

A mortgagee can find its equity position eroded by the mortgagor failing to pay body corporate levies on the property.

Providing security under a construction contract is a risk allocation mechanism that could give rise to disputes.

Fixed interest is an asset class to help investors build their income streams, but it can be understandably overwhelming.

ASIC has granted relief to registered managed investment schemes allowing them to invest in foreign real estate trusts.

At an industry stakeholder liaison meeting in May, the Australian Securities and Investments Commission advised it was observing poor compliance with the continuous disclosure obligations under the Corporations Act 2001 by unlisted disclosing entities

A recent case decided that a constant proportion debt obligation (CPDO) was a derivative, rather than a debenture.

This update highlights the main issues with the PPSA and indicates ways to minimise potential adverse consequences.

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...

When negotiating any contract, you must carefully consider the wording of any terms relating to a bank guarantee.

A Queensland Supreme Court case demonstrates how a poorly drafted deed of priority left a lender unable to recover $32.3 million in development completion costs ahead of a junior lender's debt. The decision reveals critical gaps in standard priority deed language when a developer collapses and a mortgagee must fund completion from their own resources.

Civil penalties apply for failure to lodge, so all AFSL and ACL holders should lodge their metrics as soon as possible.

How new laws regarding unfair contract terms affect private mortgage funds & how to ensure compliance.

The consultation from October 2024 discusses the revisions proposed to the existing technical standards.

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

The Report comes as banking and finance industry reforms have been recently introduced or are subject to discussion.

This checklist may assist to identify if the PPSA will impact on your business and how you can prepare for its effect.