In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...

A Bill is currently before Federal Parliament that will more closely but not completely align the foreign non-portfolio dividend NANE treatment with debtequity concepts Partner Martin Fry and Senior Associate Jennifer Richards report on the changes ...

The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...

ASIC has released a consultation paper on proposals to facilitate innovation in the financial services sector The proposals include details of the long-awaited regulatory sandbox It will be of interest to both emerging companies who may rely on the relief as well as investors in this space Senior ...

The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...

Issues of securities interests in managed investment schemes and other types of financial products typically involve a number of designated services under Australias anti-money laundering and counter terrorism financing AMLCTF regime However in the midst of preparing governing documents disclosure ...

The Government yesterday released for consultation draft legislation containing resilience and collateral protection measures Think payment systems netting and derivatives But also think superannuation trustees and life companies investing in centrally-cleared OTC derivatives - and restrictions on ...

In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...

A recent decision of the Victorian Court of Appeal has given a wide meaning to the Code of Banking Practice finding that the duty of care owed by a lender in assessing the borrowers ability to repay extends to guarantors Effectively the bank was responsible to guarantordirectors for funding their ...

Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...