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Finance |
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Insolvency |
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Recoveries |
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Recent Publications
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Date: 01 Feb 2012
On 25 November 2011 the NSW Supreme Court awarded Ms Pedulla $3.8m in compensation from the Torrens Assurance Fund.
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Date: 25 Jan 2012
The FOS Summer 2011 Circular has provided an update on systemic issues identified during the September quarter of 2011, and much needed guidance in relation to the settlement provisions of its Terms of Reference.
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Date: 19 Jan 2012
On 2 December 2011, ASIC released Consultation Paper 172: “Review of External Dispute Resolution Jurisdiction over Complaints When Members Commence Debt Recovery Legal Proceedings” (CP172).
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Date: 16 Jan 2012
Responsible entities (REs) of registered managed investment schemes will be subject to revised minimum financial standards from 1 November 2012.
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Date: 09 Jan 2012
Silberman v Citigroup Pty Ltd [2011] VSC 514
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Date: 20 Dec 2011
On 6 December 2011, the Competition and Consumer Legislation Amendment Act 2011 (the Act) received Royal Assent.
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Date: 06 Dec 2011
The Federal Court has issued an interim ruling that late fees charged on credit cards may be unenforceable as a penalty.
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Date: 23 Nov 2011
The Attorney-General has confirmed that the Registration Commencement Time for the PPSA will be 30 January 2012.
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Date: 22 Nov 2011
The Regulations for the upcoming Credit Card reforms have been finalised in anticipation of the 1 July 2012 implementation date.
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Date: 21 Nov 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 14 Nov 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 07 Nov 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 03 Nov 2011
A recent NSW Court of Appeal decision serves as a reminder to lenders of the importance of considering a guarantor's ability to meet his/her obligations under a guarantee.
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Date: 01 Nov 2011
The Financial Ombudsmen Service (FOS) has published its approach to calculating loss in financial advice disputes.
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Date: 31 Oct 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 24 Oct 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 24 Oct 2011
Mortgagees and parties witnessing land dealings should be aware that the following amendments to the Real Property Act 1900 commence operation on 1 November 2011:
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Date: 20 Oct 2011
The Australian Securities and Investments Commission has recommended 10 ways in which the sale of consumer credit insurance products can be improved.
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Date: 17 Oct 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 13 Oct 2011
The Commonwealth Government on Tuesday introduced a bill into the federal parliament to amend the Personal Property Securities Act 2009 (Cth) to provide the Attorney General the flexibility to delay the commencement date of the PPSA.
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Date: 10 Oct 2011
A weekly Q&A Alert on the impending PPSA, which will draw on real case issues and provide solutions to commonly asked questions.
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Date: 06 Oct 2011
What protection is provided to court appointed liquidators in respect of civil claims against them personally?
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Date: 22 Sep 2011
There have, of late, been a string of decisions involving the question of the enforceability of guarantees.
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Date: 08 Sep 2011
On 31 August 2011, the Federal Court of Australia decided the penalties for the non-executive directors, CEO and CFO of Centro,
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Date: 07 Sep 2011
A recent Federal Court decision granted an additional three months for administrators to continue and complete their investigations into two small companies with a total of 14 employees
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Date: 31 Aug 2011
ASIC yesterday released a consultation paper and draft guidelines relating to the advertising of financial products and services.
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Date: 25 Aug 2011
Credit Law Update
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Date: 24 Aug 2011
In Re Newtronics Pty Ltd (in liquidation) [2011] VSC 349 Justice Davies of the Supreme Court of Victoria (the Court) recently clarified the position regarding the recoverability of a liquidator's remuneration and expenses from the assets of a company in circumstances where the liquidator expends time and effort and incurs legal fees realising assets covered by a secured creditor's charge.
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Date: 22 Jul 2011
On 27 June 2011, Justice Middleton handed down his decision in ASIC’s civil penalty proceedings against the Directors of the Centro Group.
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Date: 13 Jul 2011
ASIC has issued a consultation paper in which it proposes to overhaul Regulatory Guide 46 Unlisted property schemes.
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Date: 04 Jul 2011
In this update we report on two recent cases of interest to fund managers, one concerning access to trust documents by beneficiaries and the other concerning redemptions of units in an illiquid scheme.
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Date: 29 Jun 2011
There has been much debate of late as to the suitability of pre-packaged insolvencies in an Australian context and the need for amendments to the Corporations Act (Act) to cater for such arrangements. Those in favour of such an approach point to the perceived benefits to creditors and employees of an insolvent company.
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