Banking and Finance
14th May 2013
By Alexander Danne, Catherine Zahra
Partner Alexander Danne and Senior Lawyer Catherine Zahra, of Gilbert + Tobin’s Melbourne Banking and Finance Team, report on two specific developments of potential interest to Financiers, Sponsors and Investors alike.
30th April 2013
By Alexander Danne, Neil Pathak
Partners Alexander Danne and Neil Pathak provide an overview of some key aspects of the acquisition financing of the Alesco takeover.
18th September 2012
By Dominic Emmett, James Lewis, Nicholas Edwards
ASIC has made a brand new start to the way insolvency notices will be published in Australia. From 1 July 2012 the previous obligations for publications have melted away.
12th September 2012
By Ros O'Mally, Abigail Haseltine
The Personal Property Securities Act 2009 (Cth) (PPS Act) and associated Personal Property Securities Regulations 2010 (Cth) (PPS Regulations) make a distinction between certain types of serial numbered personal property. Under the PPS Regulations, certain types of ‘serial numbered’ personal property must be described by its serial number while other personal property simply may be described by its serial number when registering a security interest over that property on the Personal Property Securities Register (PPSR).
29th August 2012
By Abigail Haseltine, Nicholas Edwards
The recent judgement in the Bell Group litigation handed down by the W.A. Court of Appeal on 17 August 2012 affirms many of the positions outlined in Owen J’s first instance judgment in the W.A. Supreme Court in 2008. This market update deals solely with the imputation of an agent’s knowledge to each bank in a lending syndicate.
29th March 2012
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
By Ros O'Mally, Alexander Danne, Stuart Cormack
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
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
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
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
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
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
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.