Annual Review 2009

Publications

Banking & Finance

2010

Banking and Finance Insight - 1 September 2010
01 September 2010 

  • Octaviar: Appeal dismissed, back to normality

Fact Sheet No 5. Covered Bond Briefs
12 August 2010 

  • Covered Bonds v Securitisation

Covered Bonds Article - November 2009
15 June 2010 

  • Uncovering a covered bond market in Australia

Fact Sheet 1. Covered Bond Briefs
02 June 2010 

  • Top ten most frequently asked questions

Fact Sheet 2. Covered Bond Briefs
02 June 2010 

  • Key characteristics of covered bonds

Fact Sheet 3. Covered Bond Briefs
02 June 2010 

  • A brief history of covered bonds

Fact Sheet 4. Covered Bond Briefs
02 June 2010 

  • The covered bond continuum

Restructuring and Insolvency Insight - 23 April 2010
23 April 2010 

  • Sons of gwalia bill released

Banking and Finance Insight - 12 March 2010
12 March 2010 

  • Octaviar:The law remains unsettled.

The Review - February 2010
10 February 2010 

  • Insolvency Reform - What it means

2009

The Review - October 2009
27 October 2009 

  •   Focus on Cross-Border Insolvency

Banking and Finance Insight: 16 October 2009
16 October 2009

HDY Banking and Finance Insight - Octaviar decision overturned by Queensland Court of Appeal - 18 September 2009
18 September 2009

  • Queensland Court of Appeal finds in favour of Fortress and upholds the validity of its charge

Banking and Finance Newsletter: 15 September 2009
15 September 2009

  • Reminder: Reserve your rights
  • Australian covered bonds: Update
  • PPSA update
  • Octaviar: Recent developments

Banking, Restructuring and Insolvency Insight: 30 July 2009
30 July 2009

English Court rules on the validity of Lehman credit-linked notes structures involving Australian investors

Banking and Finance Insight: June 2009
29 June 2009

  • Significant changes to mortgage duty in NSW

Banking & Finance Alert: March 2009
18 March 2009

  • Court decision extends charge variation registration requirements

Banking Restructuring Insolvency Review: December 2008
10 February 2009

  • The House Of Lords Returns HIH's English Assets
  • Personal Property Securities Bill
  • Indefeasible Mortgages
  • Funded liquidators and security for costs
  • Recent Cases
  • Team Profiles

Banking Restructuring Insolvency Alert: Feb 2009
10 February 2009

  • Government to amend law retrospectively to create GST liability for Insolvency Practitioners

Banking & Finance Newsletter: January 2009
28 January 2009

  • Mortgagees’ duties when exercising a power of sale
  • Revisions to EFT Code and Code of Banking Practice
  • Personal property securities reforms
  • Stamp Duties update
  • Punctual payments and waiver: A timely reminder

2008

AML/CTF Reminder: Oct 2008
13 October 2008

  • Reporting obligations to AUSTRAC
  • Ongoing Customer Due Diligence (OCDD)

Banking and Finance: Sep 2008
22 September 2008

  • Fraud and "all moneys" mortgages
  • Directing security trustees
  • Consumer credit updates
  • Tip on progressive stamping
  • Primary liability guarantees

Banking and Finance: Jun 2008
25 June 2008

  • "Share lending agreement" transfers title to shares
  • Instalment contracts
  • Mortgage duty abolished in WA and QLD and reduced in SA
  • Green Paper reforms

Banking Restructuring Insolvency Review: Apr 2008
30 April 2008

  • Unexpected outcomes in liquidator litigation: lessons from Hall v Poolman
  • Corporations Amendment (Insolvency) Act 2007
  • Case summaries and legal developments
  • Focus on change to duties and mortgagee sal
  • Team profiles

Banking and Finance: Mar 2008
03 March 2008

  • Change to duties of mortgagees and controllers when exercising a power of sale
  • New borrowing law for superannuation funds

2007

Banking Restructuring Insolvency Review: Dec 2007
20 December 2007

  • Organisational and legal responses to fraud risks
  • UNCITRAL Model Law Edges Forward
  • Focus on privilege for in-house lawyers
  • Case summaries and legal developments
  • Focus on Distressed Debt Trading
  • Developments in our practice
  • A focus on some of our team

Banking and Finance: Nov 2007
08 November 2007

  • Proposals for positive credit reporting
  • Providing for future removal of limits on securities
  • Limiting fees for consumer credit to cost recovery
  • Security for amounts due under fraudulent loan

Banking Restructuring Insolvency Alert: Sep 2007
20 September 2007

  • Introduction of UNCITRAL Model Law on Cross-Border Insolvency

Banking Restructuring Insolvency Review: Sep 2007
03 September 2007

  • Feature article - Insolvency Law Reform: Pooling under the Corporations Amendment (Insolvency) Act 2007(Cth)
  • Case summaries and legal developments
  • Developments in our practice
  • Team profiles

Financial Products Alert: Aug 2007
10 August 2007

  • Changes to retail and wholesale client rules

Banking & Finance: Jul 2007
16 July 2007

  • NSW mortgage duty to be abolished early
  • Mezzanine lending
  • Revision of Uniform Customs and Practice for Documentary Credits - UCP 600
  • Something more than asset lending required for unjust loan

Banking Restructuring Insolvency Review: May 2007
17 May 2007

  • Feature Article - UNCITRAL Model Law on Cross-Border Insolvency: where is the centre of main interests?
  • Case summaries and legal developments
  • Developments in our practice
  • A focus on some of our team

Banking & Finance: Apr 2007
30 April 2007

  • Developer's option to purchase land subject to fixed charge
  • Priority for security interests registered on Trade Marks Register
  • Ponzi loan found to be unjust under Consumer Credit Code

Banking Restructuring Insolvency Review: Feb 2007
26 February 2007

  • Feature article
  • Case summaries and legal developments
  • Developments in our practice
  • Team profiles

2006

Banking Restructuring Insolvency Review: Nov 2006
06 November 2006

  • Feature Articles
  • Case summaries and legal developments
  • Developments in our practice
  • Team profiles

Banking & Finance: Oct 2006
12 October 2006

  • Electronic transactions permitted by the Consumer Credit Code
  • Guarantee upheld despite failing to insist on legal advice certificate
  • Making a fuss - the injustice of pure asset lending

Financial Markets & Derivatives: Aug 2006
24 August 2006

  • Latest news - Simpler Regulatory System Bill
  • Regulation of websites as financial products
  • Breach reporting and ASIC's updated guidelines
  • Revised AML Bill and Rules released

Banking & Finance Alert: Aug 2006
10 August 2006

  • Shareholders claim as creditors: High Court hears Sons of Gwalia appeal

Banking Retructuring Insolvency Review: Jul 2006
19 July 2006

  • Feature Article
  • Case summaries and legal developments
  • A focus on some of our team
  • Banking Restructuring & Insolvency partners

Banking & Finance: Jul 2006
01 July 2006

  • Proposed amendments to mortgage duty law in NSW
  • Other mortgage duty developments

Banking & Finance: Jun 2006
26 June 2006

  • Changes to compulsory production of CTs for registration of second mortgages in NSW
  • Stamp duty abolition - update
  • First registered mortgagee's priority reconfirmed
  • Risks posed by pure asset lending
  • AFS Licence overrides NSW gaming law compliance requirements
  • High Court to hear Sons of Gwalia creditor challenge

Anti-Money Laundering Laws: Mar 2006
13 March 2006

  • At a Glance - how the current position matches expectations on key issues
  • Timeline
  • Key Terms
  • Coverage
  • Identity verification
  • Agents of reporting entities
  • Reporting obligations
  • Funds transfers
  • AML programs / Risk-based approach

Banking & Finance: Mar 2006
10 March 2006

  • Requirements for valid exercise of lender's discretion to fix interest rates
  • New Queensland requirements for identification of mortgagors
  • Shareholders' damages cliams against insolvent companies - update on Sons of Gwalia decision
  • Maximum Annual Percentage Rate in NSW and ACT expanded
  • Closure of duty concession on mortgages associated with debentures

Banking & Finance Alert: Feb 2006
28 February 2006

  • Shareholders as Creditors on Insolvency: Sons of Gwalia Decision Released

Banking & Finance Alert: Feb 2006
16 February 2006

  • Administrators' Remuneration: Test Case Decision Released Today

2005

Banking & Finance: Nov 2005
17 November 2005

  • Security interests in goods - new bills of sale legislation passed
  • Equitable mortgage created by deposit of title deeds
  • IFRS - implications for financial covenants in facility documentation
  • New regime for issue of securities in Europe

Anti-Money Laundering Laws: Sep 2005
26 September 2005

  • About the new AML Laws
  • Differences from the current laws
  • The risk-based approach
  • Coverage of the new laws
  • Customer Due Diligence (CDD)
  • Suspicious Transaction Reporting

Banking & Finance Alert: Sep 2005
16 September 2005

  • Shareholders to be treated as creditors

Banking & Finance Alert: Jul 2005
06 July 2005

  • Fixed charges over book debts: another nail in the coffin

Banking & Finance: Jun 2005
20 June 2005

  • NSW refinancing concession capped
  • Personal liability of trustee directors
  • Australian Financial Services Licences - exemptions for securitisation vehicles
  • NYSE member firm fined $2.1 million fine for violating recordkeeping rules
  • Letter of comfort enforceable
  • Who has an interest in poker machine entitlements
  • Court's power to disclaim contracts

Banking & Finance: Feb 2005
01 February 2005

  • Dollar Disclosure: ASIC Policy Statement 182
  • Land Rich "Vendor Duty" 
  • Freezing Injunctions - Do Banks Owe a Duty of Care? 
  • ASIC Policy Statement 181 - Licensing: Managing Conflicts of Interest 
  • Code of Banking Practice Update
  • When is a Bank Bound by its Officer's Act?
  • NZ Regulator Tackles Bank Outsourcing
  • Consultation Papers Released for Comment

2004

Banking & Finance Law: Nov 2004
04 November 2004

  • Aircraft Securities: New Registration Regime Commences 15 November 2004
  • Taxation Consequences of "Interest" Paid on Stapled Income Securities
  • Multi-Jurisdictional Stamping Update
  • Basic Deposit Products - Relief for Agents of ADI's
  • Amendments to Australia's Foreign Investment Rules
  • ASIC Guidance on Statements of Advice and Statements of Additional Advice
  • Liability of Directors for Corporate Trustee's Incurrence of Liabilities - Continued
  • Australian Financial Services Licences - Exemptions for Securitisation Vehicles
  • Introducing the HDY Taxation Group
  • Introducing the HDY Taxation Group (?)

Banking & Finance: Aug 2004
10 August 2004

  • Water Reform in New South Wales: Issues for Security Holders
  • Electronic Credit Contracts
  • Stamp Duty Update
  • Proposed Changes for Clearing and Settlement Facilities
  • Liability of Directors for Corporate Trustee's Incurrence of Liabilities
  • AML Reform

Banking & Finance: May 2004
04 May 2004

  • NSW vendor transfer duty
  • Effect on new international accounting standards
  • Taking effective fixed charges over book debts
  • Changes to WA hire purchase regime
  • Lessons from Enron
  • Tougher anti money laundering laws proposed

Banking & Finance: Feb 2004
24 February 2004

  • Amendments to the content requirements of product disclosure statements statements of advice and periodic statements
  • Amendment of Home Building Regulation 1997 (NSW): exemption to insurance requirements for multi-storey buildings
  • Powers of attorney: changes to the legislation in New South Wales
  • Standby letters of credit: unconscionable conduct under the Trade Practices Act

2003

Banking Law: Dec 2003
24 December 2003

  • New 'Land-Rich' Provisions
  • ASIC Guide: "Meeting the financial requirements for your AFS licence, Compliance with Policy Statement 166"
  • Chargebacks Revisited: The Decision in Emanuel's Case
  • RBA Credit Card Reforms - Interchange Standard Impact

Banking & Finance: Jun 2003
30 June 2003

  • Occupation certificates
  • Charges over uncertificated securities
  • Compulsory comparison rates
  • Yerkey v Jones and de facto wives
  • Insolvent trading - the Water Wheel decision
  • Financial services reform
  • Stamp duty update

Loan Security in the ACT - Dont Panic (Yet!): May 2003
26 May 2003

2002

Banking & Finance Law: Dec 2002
31 December 2002

  • Changes to Mortgage Duty in NSW
  • QLD Hire Purchase Act gone & WA Act going... but Farm Finance Retains some Statutory Protections
  • More on Credit Card Reforms

Banking & Finance Law: Sep 2002
16 September 2002

  • Employee Entitlements to take Priority over Secured Creditors?
  • "Comparison Rate" Disclosures for Personal Loans and Home Loans
  • Code of Banking Practice Revised
  • Credit Card Reforms
  • New APRA Ratings

2000

Banking Law: Aug 2000
07 August 2000

  • Garcia v National Australia Bank Limited...Where to now? - George Weaver examines the High Court's judgment and comments on its impact on bankers
  • Yerkey v Jones is still the law

1998

Banking Law: Nov 1998
01 November 1998

  • Changes to Cheques Law...The Cheques and Payment Orders Amendment Act 1998

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