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Finance News

COVID-19 Economic Policy Response: Temporary Relief from some Responsible Lending Obligations

24 October 2018

Streamlining the complaints process for the financial sector – introducing the AFCA

17 October 2017

Mortgage self help: just because you can, doesn't mean you should

Mortgage Recovery Actions – now and then

Crowd-Sourced Funding receives Royal Assent

When is the date for fixing assets? A case study arising from Forge

09 February 2017

PPSA - When we say ACN, we mean ACN!

20 December 2016

The Insolvency Law Reform Act 2016 (Cth) and committees of inspection

14 October 2016

Assignment of security interests and vesting under the Corporations Act and PPSA

21 September 2016

Assignments: Pass or fail?

Electronic conveyancing has been in effect in a number of east-coast jurisdictions for some time. From 1 August 2016, Western Australia commences its transition into electronic dealings with land. This edition of Finance News serves as a reminder to the upcoming changes – especially for ADIs.

Refinancing through restructuring

Small business and unfair contracts: Amendments to ACL and ASIC Act

Prospective foreign purchasers of Australian land may appear to be attractive clients for Australian financiers

01 October 2015

Guarantors – when they’re not under a “special disability” – a word of caution for banks and lawyers

SMSF borrowing – friend or foe?

Moving with the times: ASIC releases new guidelines on disclosure for financial services

The Dalesun Holdings Appeal: The danger of extinguishment of contingent claims

Crowd-sourced equity funding

Griffin Energy Group Pty Limited v ICICI Bank Limited [2015] NSWCA 29: A call for uniform public holidays?

Landmark victory for ASIC: The Cash Store decision

20 February 2015

Lavin v Toppi: is co-contribution from your co-surety a sure thing?

09 December 2014

National electronic conveyancing: Western Australian developments

14 November 2014

The Cash Store decision: A timely reminder that you need to assess a customer’s needs before you lend them money

16 October 2014

Virtual currencies – ATO guidelines for bitcoin

16 September 2014

Court takes business-like approach to deed of priority

Baseless financing statements and their registration on the PPSR

PPS leases – cutting the red tape

Virtual currencies – legal realities

Fresh advances and subsequent mortgages – lenders beware

18 February 2014

The importance of International Financial Institutions in emerging market project finance

05 December 2013

Beware of the suspension clause – a possible new defence to the guarantee

01 October 2013

Hardship applications

05 September 2013

What’s in a name: can an unnamed principal enforce a guarantee provided to its agent?

ASIC proposes changes to record-keeping obligations of AFS licensees

Do transitional security interests found an arguable case for a caveat? We shall 138C!

Financing issues with modular construction

Can a mother apply the wife’s special equity?

Enhancing the National Credit Code

Newcrest Mining Limited v Michael Emery Thornton – Traps where there are multiple wrongdoers

13 September 2012

The High Court finds that exception fees can constitute a penalty

02 February 2012

Latest Supreme Court of WA decision on unconscionable conduct: Choice Constructions Pty Ltd v Janceski [No 3] [2011] WASC 358

05 December 2011

Consumer credit reform – the new ‘Key Facts Sheet’

01 November 2011

The Personal Property Securities Act – what it means for the property sector

14 October 2011

Registered post and ‘return to sender’ – when is a default notice actually served?

Financial Ombudsman Service – friend or foe?

Lenders beware when releasing property

Dealing with surplus proceeds

The dangers of lurking in the shadows: shadow director's liability for insolvent trading debts – Part II

New updated regulatory guidance on responsible lending obligations (RG 209)

New regulatory guidance on internal dispute resolution (IDR)

04 February 2011

Second mortgages – what you should know and do

03 December 2010

Early termination fees for residential loans: Unconscionable fees and unfair contract terms

05 November 2010

Can a lender rely on silence as being misleading?

01 October 2010

Octaviar – the uncertainty is finally laid to rest

06 September 2010

Relying on a default of 'material adverse change'

Some reassurance for lenders

The implications of undertakings entered into by legal advisors to protect confidential information

Priorities in relation to ATO garnishee notices

The National Consumer Credit Protection reforms

The National Consumer Credit Protection reforms - responsible lending conduct

The National Consumer Credit Protection reform - proposed regulatory framework for lenders who have carried over instruments in force when the National Credit Act commences

The National Consumer Credit Protection reform package – licensing

05 February 2010

National Consumer Credit Protection Reform - February 2010

18 January 2010

National Consumer Credit Protection Reform - January 2010

04 December 2009

Mortgagee and Receiver/Manager Sales – obligations with respect to smoke alarms and residual current devices

06 November 2009

The National Consumer Credit Protection reform package

04 September 2009

Fraudulent mortgage - a win for lenders but lessons to be learned...

Reviews and disputes with the Australian Taxation Office:

Falling markets & misleading conduct

12 February 2009

Are death and tax a certainty?