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Allens advises lenders on $22 billion debt financing
News 03 Apr 2014

Allens has acted for a syndicate of 20 lenders that is providing the $22 billion needed for shopping centre group Westfield Group to complete its restructure and merge its Australian and New Zealan ...

Ipso facto clauses, safe harbour for directors - our comments on the draft exposure legislation
Insight 10 Apr 2017

The Federal Government has released draft exposure legislation designed to facilitate company reconstructions Senior Finance Counsel Diccon Loxton Senior Associate Alicia Salvo and Associate Frances Navarro-Towan discuss some of the implications and issues ...

E-signature - a case study, but not a test case
Insight 29 Sep 2016

A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...

Material adverse change
Insight 15 May 2014

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 ...

Statutory assumptions for lenders dealing with companies - useful but are they limited?
Insight 03 Feb 2014

This Insight examines the use of statutory assumptions under S129 of the Corporations Act by banks and others, in light of a recent decision of the NSWCA. ...

The efficacy of e-signatures
Insight 08 Apr 2017

Allens has adopted e-signature using DocuSign as a service to clients. Senior Finance Counsel Diccon Loxton has written an article in two parts that examines the efficacy of e-signatures. ...

Take care! Court confirms the devil in the details for PPSA registrations
Insight 10 Feb 2017

In a recent case a leasing company lost 23 million worth of leased equipment because it had registered the lease against the lessee companys ABN rather than its ACN - involving just two extra digits The equipment vested in the lessee company when it went into voluntary administration The court ...

Court confirms life easier for default interest clauses post-Paciocco
Insight 06 Dec 2016

New South Wales Court of Appeal case Arab Bank Australia v Sayde Developments considered the application of penalties doctrine to default interest rate provisions in load agreements post the high court's libera approach to the doctrine in Paciocco v ANZ. ...

Exposure draft legislation for Australian 'hybrid mismatch rules' released
Insight 01 Dec 2017

Treasury has released for consultation exposure draft legislation to introduce new rules to neutralise the effects of hybrid mismatch arrangements in accordance with Action Item 2 of the OECDG20 Base Erosion and Profit Shifting Project Multinational groups with cross-border arrangements or proposing ...

Allens tops global infrastructure project finance tables
News 23 Jan 2015

Allens has topped the global table as the leading legal adviser for infrastructure project finance deals in 2014. Allens topped the 'Global Infrastructure Project Finance Legal Adviser Ranking' in ...

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