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Creditors can make a statutory demand under section 459E of the Corporations Act as long as the debt is due and payable.

An overview of the Personal Property Securities Act 2009 (Cth) (PPSA).

The Corporations Legislation Amendment (Simpler Regulatory System) Act 2007 amends the Corporations Act in a number of areas, including company reporting, corporate governance and fundraising.

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

Under a strategy adopted by the Financial Reporting Council[1] in July 2002, the Australian Accounting Standards Board (AASB) is obliged to work towards the full implementation of the International Accounting Standards (IAS) (now known as International Financial Reporting Standards (IFRS)[2]) in Australia. This strategy was also set out in the CLERP 9 proposals[3]. All European Union countries were similarly committed.

Getting the financial affairs of your business in order as we head towards 30 June is critical to business success.

What is the Special Wives Equity? Requirements- No Understanding, Volunteer & the Reasonable Steps.

A construction project structure is "bankable" if lenders are prepared to finance it.

The Australian financial sector has undergone a facelift over the last 20 years and ‘shareholder vigilance’ is a phrase now appropriate to characterise our investment environment.

In our PPS law reform Update - August 2008, we included an easy to use navigation tool and flow chart (PPS Navigator) to assist you in assessing the impact of the draft PPS legislation on your business.

The presentation discusses tips to maximise value and risks that may be encountered on a distressed development project.

Borrowers facing mortgage default must choose between refinancing their existing loan or selling their property voluntarily before enforcement action is completed. Understanding the practical differences between these options, including how each affects equity retention and borrower control, can significantly impact the financial outcome when default proceedings are underway.

Queensland money judgments do not automatically transfer assets or compel payment, leaving creditors to navigate enforcement procedures tailored to the debtor's actual holdings. Two primary remedies—enforcement warrants for seizure and sale, and charging orders for investment property—offer distinct pathways, each with specific requirements, limitations, and strategic considerations that creditors must weigh before proceeding.

The scheme is designed to provide access to government guaranteed loans to help SME businesses recover from COVID-19.

What is often called a "bank guarantee", is in fact an unconditional performance bond given by a bank to a principal.

When a borrower defaults on a loan, does the lender have an immediate right to repossess property or force a sale? This article examines the negotiation options available to borrowers after loan default, the statutory protections under the National Credit Code, and the enforcement rights and obligations of lenders under Queensland's Property Law Act 2023.

This Bulletin highlights the many recent developments in the New Zealand financial services industry that may impact you.