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Australian Banking & Finance Law Bulletin (newsletter)
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Volume 33 No 9 — October 2017
Understanding s 75 of the PPSA: the inventory financier vs the accounts financier
Breaking down Boart: an analysis of the Boart Longyear litigation and its ramification for schemes of arrangement
PPSA — what difference does it make?
Charging clauses: is near enough still good enough?
General Editor’s note
Volume 33 No 8 — September 2017
Privacy and the banking and finance industry: a refresher and a look into the future
Raventhorpe Pty Ltd v Westpac Banking Corp
Take care when drafting: The lesson from Springsure
General Editor’s note
Volume 33 No 7 — August 2017
Is a loan establishment fee a penalty?
Counterparties beware! The nature of the “security interest”: set-off, corporate insolvency and the PPSA
ASK THE EXPERT ASIC enforcement review — latest developments
General Editor’s note
Volume 33 No 6 — July 2017
The case of the mysteriously disappearing secured debt under a deed of company arrangement: hard cases making bad law again?
Maviglia Investments Pty Ltd (as trustee for the Maviglia Family Trust) v BKSL Investments Pty Ltd (in liq)
ASK THE EXPERT Online and digital marketing is growing, evolving and getting more complex. What do banking and finance lawyers need to know about its impact on organisations’ obligations under the Spam Act 2003 (Cth)?
General Editor’s note
Volume 33 No 5 — June 2017
PPS lease reforms now in force
Australian Financial Complaints Authority: is bigger really better?
Australian Securities and Investments Commission v Channic Pty Ltd
General Editor’s note
Volume 33 No 4 — May 2017
A bank’s “no set-off clause”, the guarantor and the claim for “loss or damage” (or statutory reconfiguring of a contract)
AMP Bank Ltd v Brown and Kavanagh
Renfrey Nominees: court approval required when taking security from companies in external administration.
Tips and traps of the PPS Act: avoid a defect, fix a problem and what’s next — a look towards further reform
General Editor’s note
Volume 33 No 3 — April 2017
Chinese walls: opportunity or menace in Australian banking supply chains?
Being “fixed” to land does not equal a fixture
Australian Securities and Investments Commission v Fast Access Finance Pty Ltd
The latest from the High Court on performance bonds: Simic v New South Wales Land and Housing Corp
General Editor’s note
Volume 33 No 2 — March 2017
Two rights do not make a wrong: aggregation of knowledge after Kojic
Forging PPSR primacy: annual review and judicial reflections on the Register
ASK THE EXPERT The PPSR: what do lawyers need to know about the OneSteel decision?
General Editor’s note
Volume 33 No 1 — February 2017
Book review: Principles of Equity and Trusts 5th edn
Performance bonds: where near enough is not good enough and what a court can do about it — Simic v New South Wales Land and Housing Corp
Is a default interest rate a penalty?
ASIC’s world-first fintech “regulatory sandbox” licensing exemption
ASIC’s inquiry into flex commissions and its impact on automotive finance industry
General Editor’s note
Volume 32 No 10 — November 2016
Book review: Doping in Sport and the Law
Book review: Principles of Australian Equity and Trusts
Book review: Equity and Trusts
Book review: Unjust Enrichment
LRBAs and NALI risk
Pioneering all Australian dollar Term Loan B financing
The insolvency of agents acting as international distributors: implications for banking and finance practitioners
Ejecting “ejection clauses”: is the game worth the candle?
General Editor’s note
Volume 32 No 9 — October 2016
Book review: The Assignment of Contractual Rights
Book review — Demand Guarantees: Operation, Enforcement and the Autonomy Principle by Thanuja Rodrigo
Report on the 2016 Annual Credit Law Conference
10 reasons why financiers should consider ADR
Essential PPSA update: recent PPSR statistics and practical reform through the policy lens
Banker and customer — incorporation of terms, ratification and the validity of Gee’s “laws of litigation”
Paciocco v Australia New Zealand Banking Group Ltd
General Editor’s note
Volume 32 No 8 — September 2016
Essential PPSA update: recent cases
Getting more than you bargained for: mortgage insurer benefits from lender’s drafting error
Code of Banking Practice — when contractual warranties become contextual headaches
ASK THE EXPERT What is supply chain financing, and what do banking and finance lawyers need to know?
General Editor’s note
Volume 32 No 7 — August 2016
Brexit considerations for Australian banking and finance lawyers
Failure to comply with the Code of Banking Practice, the consequences considered: CBA v Wood [2016] VSC 264
“Absolute assignment” again — Mango Boulevard Pty Ltd v Mio Art Pty Ltd [2016] QCA 148
ASK THE EXPERTWhat are some of the most important things to watch out for when reviewing marketing material for banks and financial institutions?
General Editor’s note
Volume 32 No 6 — July 2016
Book review: The Law of Tribunals
The “theft” principle: fraud, Torrens, and money had and received — Fistar v Riverwood Legion and Community Club Ltd [2016] NSWCA 81
Court accepts market-based causation: In the matter of HIH Insurance Ltd (in liq) [2016] NSWSC 482
Case note: Australia and New Zealand Banking Group Ltd v Manasseh [2016] WASCA 41
General Editor’s note
Volume 32 No 5 — June 2016
Arab Bank of Australia Ltd v Jeitani [2016] NSWSC 617
Hussain v CSR Building Products Ltd: set-off in unfair preference causes, when to assess the “value of the security” and commercial decision-making of external administrators when approaching litigation
Code of Banking Practice — the unanswered questions
ASK THE EXPERT The PPSA in review: key takeaways from Whittaker’s Final Report
General Editor’s note
Volume 32 No 4 — May 2016
Book reviews
Westpac Banking Corp v Queensland [2016] FCA 269
Exact compliance and the letter of credit — Simic v New South Wales Land and Housing Corp [2015] NSWCA 413
Fischer v Nemeske Pty Ltd [2016] HCA 11
General Editor’s note
Volume 32 No 3 — April 2016
Book reviews
Capital gains tax: know when to hold it … know when to run — Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq)
“Across-the-table” opinions in financing transactions
An update to verification of identity requirements for mortgages in Queensland
Financial asset sales — the new normal
Regularly lease goods? Remember to register regularly.
General Editor’s note
Volume 32 No 2 — March 2016
Book reviews
Government embraces crowdfunding
Responsible lending and hardship variations — capitalising interest and fees
What happens when everyone wants to pay a first mortgagee? Section 94(1) of the Conveyancing Act and the scope of “any third person” following Geitonia v Westpac
PPSR Registration Amendment Procedure — a case note of Davidson v Registrar of Personal Property Securities
Causation and the Code
General Editor’s note
Volume 32 No 1 — February 2016
Book review: Avoiding Mortgage Fraud in Australia
Electronic signatures — notarisation, apostille and witnessing
Guarantors and the Code of Banking Practice
Unfair contract terms: protection extended to small businesses
Mortgagee’s consent in e-conveyancing: the impact of s 127A in Western Australia
Case note: Westpac Banking Corp v Kekatos [2015] NSWSC 1629
General Editor’s note
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