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One constant issue facing bidders is how to legitimately apply pressure on shareholders to accept a bid before control has passed. Shareholders are increasingly reluctant to accept any bid, even if it is unconditional, before control passes as there is a danger that they may be giving up some further potential profit on their holding if a rival bid emerged or if the bidder felt compelled to increase the bid to achieve the acceptances.

The equitable doctrine of marshalling aims to ensure that each lender can recover as much of their debt as possible.

One of the key concerns of vendor finance is whether or not your security is adequate.

Credit providers should update their policies and procedures and their privacy statements in their credit applications. .

The article discusses the law in relation to the giving of financial advice and the best interests duty to a client.

The Code needs to be adopted by state and territory legislation, so state legislative drafters should add more detail.

On 21 November 2008, the Australian Competition & Consumer Commission (ACCC) released the 2008 Merger Guidelines (New Guidelines) which replace the original merger guidelines released in 1999.

There has been recent debate in Australia and elsewhere about the role of competition regulators when decisions have to be made urgently about the survival of some firms hit by the financial crisis;

On 7 March 2023, ACCC Chair Gina Cass-Gottlieb announced the ACCC's annual compliance and enforcement priorities for 2023-24 at a Committee for Economic Development Australian event.

You should review your options when you are offering credit services in addition to your financial advisory services.

Options discussed include getting your own credit licence (ACL), or becoming a credit representative of another licensee.

Both ASIC and the ASX have introduced a range of temporary measures to assist listed companies in response to COVID-19.

It is imperative to have your T & C's in order so you have maximum protection and rights if your customer fails to pay.

This NSW fund will support SMEs and scaleups to commercialise products that address impacts of the COVID-19 pandemic.

The mortgage duty refinancing concession under the Duties Act 1997 (NSW) (Duties Act) has been amended with effect from 1 August 2005 to limit the amount of advances for which the concession is available to $1 million.

Australian Credit licensees must have adequate documentation and systems to show they are complying with their obligations.