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 ...

Many of you will be familiar with the long and tortured history of fees and costs disclosure regulation in Australia. The most recent set of issues can be traced back to 2014 when ASIC tried to address what it considered to be gaps in and inconsistent application of the former regime ...

The Federal Government has proposed to introduce two new forms of collective investment vehicle – each a shiny, tax-neutral alternative to the unit trust. ...

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 examining the topic of consumer lending the Commission considered issues arising from the sale of credit products ndash including residential mortgages car finance and credit cards - by reference to case studies involving the four major banks as well as Aussie Home Loans and Citi ...

Although the Commissioner says that the Royal Commission is part of the executive and not the judiciary and that he is therefore not able to make any findings of law he comes pretty close in his views in response to Round 2 And in some important respects those views do not correspond with ...