Articles matching Banking & Finance


What is a Guarantor? A Summary of Guarantor Responsibilities

Filed under: Banking & Finance, Business & Commercial Law

Guarantees are used in a variety of situations to secure a loan, lease or the performance of a contractual obligation. However, if you are considering...

Marshalling: What’s Mine is Yours and What’s Yours is… Mine?

Filed under: Banking & Finance

Finance documents will often include a provision that excludes a junior secured creditor’s right of marshalling, although the reasons for doing so aren’t...

Taking Security Over Bank Accounts Under the PPSA

Filed under: Banking & Finance, Corporations Law, Company Law

Taking security over a bank account is a common element of many security structures. The Personal Properties Securities Act 2009 (Cth) (PPSA) creates a...

Royal Commission Into Misconduct In The Banking, Superannuation And Financial Services Industry

Filed under: Banking & Finance, Criminal Law

It is interesting to reflect now on how this Royal Commission will proceed and on what lessons can be learnt from the recent Royal Commissions. What follows...

How Does an Aviation Finance Deal Work?

Filed under: Banking & Finance, Commercial Law, Business Law

Aviation finance is a type of asset finance for the purchase and operation of aircraft. Usually the financing is structured as secured lending, operating...

Bankruptcy: How a person can be declared bankrupt in Australia

Filed under: Banking & Finance, Business Bankruptcy & Insolvency, Debt Recovery

It’s probably safe to say that most of us will experience some sort of financial hardship at some stage of our lives. Luckily for most of us, we’ll probably...

Debt Recovery - Small Claims Division

Filed under: Banking & Finance, Business Bankruptcy & Insolvency, Business & Commercial Law

In recent years the Small Claims Division of the Local Court has been established and has jurisdiction to hear and determine actions for the recovery of...

How can contracts be discharged from further performance?

Filed under: Banking & Finance, Business & Commercial Law, Corporations Law, Contract Drafting & Disputes, Trade & Customs

The law of contracts forms a substantial part of our various relationships that can have some sort of influence over us on an almost daily basis – even...

Tax issues in the sale of a business

Filed under: Banking & Finance, Business & Commercial Law, Mergers and Acquisitions, Business Acquisitions

There are structural issues to consider in relation to the sale of IP whether or not it is part of a business sale.

Clients in financially stretched circumstances

Filed under: Banking & Finance, Business & Commercial Law, Debt Recovery

The director penalty regime (DPR) is set out under Division 269 of Schedule 1 of the Taxation Administration Act 1953 (Cth) (TAA 1953). The DPR imposes...

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