AML/CTF Legislation The Australian Federal Government introduced anti-money laundering and counter-terrorism financing legislation (“AML/CTF”). The relevant piece of legislation is the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“Act”). The Act substantially replaced [...]
Have you lent money? If so, can you spare $21 million? As COVID-19 restrictions are slowly lifted and businesses endeavour to return to normal, people may find themselves lending monies to third parties or [...]
This article was published in the LexisNexis Australian Banking & Finance Law Bulletin (2020) Volume 36, No 1, pages 7-15. What we know and don’t know about cryptocurrency exchanges: A summary for Finance and Insolvency [...]
Opened up in lockdown Digitisation of Australian companies’ execution of documents and holding of meetings facilitated for 6 months. On 5 May 2020, the Australian Commonwealth Treasurer issued a determination to assist Australian companies [...]
Which port in this storm? The Australian Federal Coronavirus economic response package and non-ADI Financiers The Federal Government has introduced several measures to address the negative impact of the COVID-19 pandemic on the Australian [...]
Unfair terms in small business loan contracts Small businesses and ASIC can commence proceedings against lenders alleging that certain terms used by the lender in their small business loans are unfair contract terms. ASIC [...]
She'll be right, right? The impact of the £99 million Marriott fine on privacy due diligence in Australia M&A, and more In July 2019, the UK Information Commissioner’s Office (ICO) issued a notice that [...]
The treatment of retention of title claims under the PPSA Review: a silver bullet or a bitter pill for suppliers? Later this year we are likely to see the release of the PPSA Exposure Draft [...]
Time to Get Carried Away by Data Portability? The New Consumer Data Right Rules and What They Promise for Start-Ups, Incumbents and Consumers The new Consumer Data Right (CDR) regime It’s here! The bill [...]
Bruce Whittaker’s Review of the Personal Property Securities Act (“PPSA Review”), tabled in the Australian Parliament in March 2015, recommends that the PPSA be amended to expand the “purchase money security interest” (PMSI) super priority [...]
Originally published in Banking Law Bulletin (2018) Volume 34, at page 28 “Open Banking” is shorthand for implementing the “consumer data right” (CDR) in the banking sector. The Open Banking Review makes specific and detailed [...]
Originally published in Banking Law Bulletin (2018) Volume 34, at page 28 “Open Banking” is shorthand for implementing the “consumer data right” (CDR) in the banking sector. The Open Banking Review makes specific and detailed [...]