481-490 of 542 results
How ipso facto provisions (and exemptions) affect project finance - both good and bad news
This Insight examines some of the key issues arising out of the new ipso facto contracts regime which came into effect on 1 July 2018 ...
Changes to open and transparent sale process requirement for foreign persons acquiring agricultural land
On 25 September 2018 the Foreign Investment Review Board released revised guidance on the application of the requirement for an open and transparent sale process for foreign persons acquiring agricultural land Partner Wendy Rae Senior Associate Julian Barendse and Lawyer Bianca Sacco examine these ...
Forge-ing ahead - the treatment of fixtures under the PPSA
Under the Personal Property Securities Act 2009 (Cth), the Court of Appeal have confirmed that 'fixtures' are to be understood in the same way as at general law and the same common law test applies to determining whether goods affixed to land have become fixtures. ...
Parliament passes diverted profits tax legislation
Legislation to implement a diverted profits tax has passed the Federal Parliament ...
Penalties: The final word
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. ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...
Material adverse change
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 ...
Peer-to-peer lending - a disruptive threat to banks?
The expansion of peer to peer lending in Australia will likely be a disruptive force for both banks and broader commercial stakeholders ...
If in doubt, get the whitewash out
The High Court's first decision on the financial assistance prohibition in section 260A of the Corporations Act supports a conservative approach to the prohibition, and in particular highlights the danger of 'taking a view' on the no material prejudice exception. ...
What's next for impact investing in Australia?
The Australian impact investing market has grown considerably in recent years and growth is largely attributed to a surge of impact investment with focus on environmental rather than social outcomes. ...