Banking and Finance

29th March 2012

Personal Property Securities

By Alexander Danne

Click here to listen to Alex Danne, Project financing specialist together with lawyers Vanessa Prowse and Daniel Yim discuss the effect of the new PPSA legislation on security interests in mining equipment.

14th March 2012

Passing your assignments: Getting straight As as an assignee of debt – lessons from the High Court

By Stuart Cormack, Alexander Danne, Ros O'Mally

As an assignee or transferee of a debt, how can you ensure complete assignment and maximise the remedies available to recover the debt (or monies representing it)? A recent High Court decision has brought this question sharply into focus, with the Court holding that the assignment of non-contractual remedies in respect of a debt is not effective unless expressly provided for.

21st October 2010

Overview of Basel III capital ratios and its implications on Australian Banks

By Duncan McGrath

On 12 September 2010, the Group of Central Bank Governors and Heads of Supervision (Governors) – the oversight body of the Basel Committee on Banking Supervision (Committee) released the much anticipated next generation of global banking rules – the Basel III Accords (Basel III). These rules are designed to protect the world economy from the next financial crisis by targeting the most critical element of the world’s banking system – capital adequacy.

1st September 2010

Dodd-Frank Act: Implications for issuers of asset backed securities

By Ros O'Mally

On 21 July 2010 (Enactment Date) President Obama signed into United States law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Act). The Act serves to comprehensively improve financial regulation in the United States with an evident aim of minimizing the likelihood of future financial system catastrophes.

28th July 2010

US Supreme Court has “Australia written all over it”: Morrison v National Australia Bank

By Duncan McGrath

In what has been heralded in the US as a ground breaking decision, the US Supreme Court in Morrison v. National Australia Bank Ltd., U.S., No. 08-1191 overturned years of federal jurisprudence when it denied extraterritorial effect to its securities laws.

28th June 2010

PPSR: Regulatory fatigue for securitisation

By Benjamin Downie

In a rapidly changing regulatory environment it is fair to say that securitisation industry participants are suffering from regulatory fatigue.

1st June 2010

Financing coal seam gas to LNG projects in Australia

Coal seam gas (CSG) has been ‘rediscovered’ as a potential energy source, particularly for new liquefied natural gas (LNG) plants in Australia. With many of these potential CSG to LNG projects looking to make final investment decisions in the near term, sponsors and lenders who understand some of the inherent challenges in CSG developments will improve the structuring and financing successful CSG to LNG projects.

25th March 2010

A costly engagement – J.P. Morgan Australia Limited v Consolidated Minerals Limited

By Benjamin Downie

takeover defence mandate in J.P. Morgan Australia Limited v Consolidated Minerals Limited [2010] NSWSC 100. The decision illustrates the need to draft engagement letters clearly and will have implications for current and future advisory mandates in the market.