The NSW Court of Appeal has considered whether different groups of secured creditors should be placed into separate classes for the purposes of voting on a proposed creditors scheme of arrangement ...

Australian boards and senior executives are expected to maintain oversight of risk and compliance issues including bribery, sanctions, human rights and anti-money laundering. ...

The Target data breach brought the liability of boards and directors in relation to cyber resilience into focus. Target's shareholders brought litigation against all of its directors, the chief financial officer and the chief information officer due to what was perceived as recklessness and disregar ...

There's a joke in the cyber security industry that there are two types of companies: those that know they have been hacked, and those that haven't yet found out. In November 2013, Target Corporation in the US learned this the hard way when it was told by law enforcement agencies that it had been sub ...

As regulatory and political pressure increases on the major banks in Australia alternative credit providers are entering the market with a variety of products to attract borrowers The unitranche loan is an example of one such product Partner Warwick Newell Senior Overseas Practitioner Alex Tonkin ...

In his recent Interim Report into Misconduct in the Banking Superannuation and Financial Services Industry Commissioner Hayne makes a lot of the duties of an Australian financial services licensee and an Australian credit licensee to provide financial services or credit activities as the case may be ...

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

Throughout the Royal Commission, Commissioner Hayne grappled with the difficulties of striking an appropriate balance between ensuring that small and medium enterprises (SMEs) have access to credit, and imposing standards on the provision of that credit to protect SME borrowers and third-party guara ...

There is lots of noise about the duties of financial advisers and lawyers including us love to debate whether FoFA has left any room for fiduciary obligations ...

The High Court of Australia has decided that a third party claimant can join an insolvent or potentially insolvent defendants insurer to proceedings to seek a declaration that the insurer is liable to indemnify the defendant Partner Andrew Maher and Lawyer Shelley Drenth discuss the decision and its ...