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 ...

The Federal Government has introduced into Parliament legislation that if passed will create the Foreign Influence Transparency Scheme which will require persons and entities who have arrangements with or undertake activities for foreign principals to meet certain registration obligations The scheme ...

The Federal Court has issued the first court-ordered civil penalties for breaches of the National Electricity Rules demonstrating a willingness to apply an agreed pecuniary penalty negotiated by regulators and respondents This decision is important not just to the energy sector but also to ...

ASICs recently published Strategic Outlook outlines its priorities for responding to the key risks it believes will affect investors and gives some interesting clues into what industry participants can expect from ASIC over the next 12 months such as more surveillance of insider trading breaches of ...

The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...

The Supreme Court of New South Wales has confirmed in a recent case that the impact of any dispute on third parties will generally not determine its arbitrability which rather will be determined on the proper construction of the arbitration agreement Partner Nick Rudge Senior Associate Alex Price ...

Vietnams new Law on Bankruptcy will take effect from 1 January 2015 bringing in a number of changes including a new definition of bankruptcy Partner Robert Fish and Junior Associates Giang Quang Nguyen and Linh Nguyen look at the most significant features of the new law and note what will differ ...

The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...

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 ...

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 ...