Australia: Debt Capital Markets

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.

Professions And Financial Lines Brief - Latest Decisions October 2025

A roundup of the latest court decisions touching on breach of warranty, the interpretation of "any one loss" and how conditional arbitration clauses interact with ongoing BI claims.

Australia Finance

K

Kennedys

Blackbird Swoops In Effort To Extinguish Secured Creditor's Rights Under DOCA

This case is a reminder that creditors should carefully identify and assess any restrictions imposed on enforcement of security interests under a DOCA.

Australia Finance

CC

Corrs Chambers Westgarth

Private credit and non-performing loans: navigating risk in the Australian debt market

As investor expectations rise and regulatory oversight intensifies, lenders must also navigate the added layer of fund financing arrangements.

Australia Finance

CC

Corrs Chambers Westgarth

APAC Monthly Private Wealth Legal Developments – September 2025

Relief was extended to schemes with interests quoted on a financial market operated by Cboe Australia Pty Ltd in response to consultation feedback that the instruments should be drafted in a more market-neutral manner. [29 Sep 2025]

Worldwide Finance

KL

Herbert Smith Freehills Kramer LLP

Backloading Collateral & Valuation Information under EMIR Rules

Australia Finance

TRAction

Actionable Ideas For Re-enlivening Australia's Public Markets And Helping Public Company Directors Get Better Sleep

Australia Commercial

KW

King & Wood Mallesons

Need A Loan From Your Parents To Buy A House?

Australia Finance

P

PCL Lawyers

ASIC Enforcement Action Relating To Business Loans (Green County Case)

Australia Finance

SG

Sophie Grace Pty Ltd

Australian M&A Activity Strong Through FY25 Despite Macro Dynamics: Herbert Smith Freehills Kramer Report

Australia Commercial

KL

Herbert Smith Freehills Kramer LLP

Beneath The Surface: Making Up The Deficit - The Critical Minerals Strategic Reserve And Australia's Unrealised Critical Minerals Production Potential

Australia Government

KL

Herbert Smith Freehills Kramer LLP

Lessons From Lifeplan: How Forensic Experts Bolster Legal Strategy

Australia Litigation

FC

FTI Consulting

The big issue with issuing – Can it be done without holding an AFSL?

Australia Finance

HN

Holley Nethercote

Who's in control? Changes of control to a licensed entity and your obligations

Australia Finance

HN

Holley Nethercote

Can you serve a statutory demand by email in Australia?

Australia Litigation

SL

Stonegate Legal

Blockchain Bites: NASDAQ Bets On Blockchain With Tokenised Stocks And ETFs; ASIC Mints Regulatory Relief For AFSL Licensed Stablecoins; Binance Nears Agreement To End US Monitorship

Australia Technology

PA

Piper Alderman

Cyber Security: Two Months In Retrospect (Australia) - August And September 2025

Australia Technology

KL

Herbert Smith Freehills Kramer LLP

Insights Into Property And Debt Market

Australia Real Estate

CP

Cathro & Partners

Emerging trends in the Australian regulatory environment

Australia Commercial

CC

Corrs Chambers Westgarth

It depends – Should you involve your kids in the control of your family discretionary trust?

Australia Family

CG

Cooper Grace Ward

Setting Aside a Statutory Demand and Requirements for the Supporting Affidavit – BRC Group v Watagan Park [2025] VSCA 36

Company served with a statutory demand has a statutory right to apply to the court to set aside the demand.

Australia Commercial

MD

McCarthy Durie Lawyers

Embracing Arbitration For Australian Financial Services Disputes

Australia is home to a sophisticated financial services sector with global reach and a well-developed arbitration framework.

Australia Finance

CC

Corrs Chambers Westgarth

The Regulation Of Private Markets In Australia—Where To Next?

The Australian Securities & Investments Commission ("ASIC") is increasing its focus on private markets, adopting a similar approach to other international regulators.

Australia Finance

JD

Jones Day

Yes, crypto currency is personal property!

Re Blockchain Tech Pty Ltd [2024] VSC 690.

Australia Finance

CG

Clifford Gouldson Lawyers

Regulatory Shifts Reshape Trade Reporting: Liquidity Provider Agreements Require Changes

Australia Finance

TRAction

ESMA's assessment of the MiFID Trade Reporting Framework

Australia Finance

TRAction

Piper Alderman's Response to ASIC Consultation Paper 381

Australia Finance

PA

Piper Alderman

To name or not to name? ASX revises its approach to continuous disclosure obligations for market sensitive contracts

Australia Finance

PA

Piper Alderman

Certified Wholesale – SMSFs and Accountant's Certificates

Australia Finance

HN

Holley Nethercote

Is reporting at ‘position level' allowed for all EMIR Derivatives?

Australia Finance

TRAction

What Is Bona Vacantia? An Overview for Australians

Australia Finance

JF

Justice Family Lawyers

What is a fractional share? Are they reportable under EMIR and MiFIR?

Australia Finance

TRAction

Are you taking reasonable steps to ensure your authorised representatives do not accept conflicted remuneration?

Australia Finance

SG

Sophie Grace Pty Ltd

EMIR Reporting of the ‘Stock Split' Corporate Event

Australia Finance

TRAction

What Is Bona Vacantia? An Overview for Australians

In Australia, bona vacantia ensures that unclaimed assets such as money, property, or shares, are not left in limbo.

Australia Finance

JF

Justice Family Lawyers

What is a fractional share? Are they reportable under EMIR and MiFIR?

There are two distinct financial instruments commonly referred to as "fractional shares".

Australia Finance

TRAction

Are you taking reasonable steps to ensure your authorised representatives do not accept conflicted remuneration?

Case clarifies actions taken by AFS Licensees may constitute 'reasonable steps'.

Australia Finance

SG

Sophie Grace Pty Ltd

EMIR Reporting of the ‘Stock Split' Corporate Event

Stock splits usually occur when a company's share price has gone up to an extremely high value.

Australia Finance

TRAction

Launching a new financial product in 2025? Don't forget to do these things…

Australia Finance

HN

Holley Nethercote

Phasing out bank AT1 capital instruments (Capital Notes): a significant development from APRA

Proposal to phase out the use of AT1 capital instruments by banks.

Australia Finance

CC

Corrs Chambers Westgarth

Application Was Indirect Attempt To Enforce Foreign Revenue Debt

Redefine Australian Investments Limited (Company), an Irish-registered company was placed in voluntary liquidation on 24 January 2018. Martin Ferris was appointed as the liquidator (Liquidator).

WF

William Fry

First round of public consultation on Australia's Sustainable Finance Taxonomy

The ASFI Taxonomy provides a set of common definitions for sustainable economic activities.

Australia Finance

CC

Corrs Chambers Westgarth

Australian High Court: No Statutory Set-Off Against Unfair Preference Claims

Historically, creditors pursued by liquidators under the unfair preference regime could rely on a statutory set-off as a defence to the claim.

Australia Litigation

JD

Jones Day

First In Line In Australia: Resolving Competing Priorities Regimes When Winding Up Companies In A Partnership

Australia Insolvency

JD

Jones Day

Your next ASIC invoice – indicative costs ASICs 2021-2022 Regulatory Levies released

Australia Finance

SG

Sophie Grace Pty Ltd

SOPA & Statutory Demands

Australia Commercial

VY

Vincent Young

The Australian private debt market continues to grow exponentially

Australia Finance

CP

Cathro & Partners

Set Aside: Australian Creditors Unable To Rely On Statutory Set-Offs To Defend Unfair Preference Claims

Australia Insolvency

JD

Jones Day

After A Peak Comes The Fall: Australian Federal Court Rejects "Peak Indebtedness Rule"

Australia Insolvency

JD

Jones Day

How Do The Changes To Insolvency Laws Affect My Business?

Australia Finance

L

LegalVision

What Are The Pros And Cons Of Winding Up A Company That Owes My Business A Debt?

Australia Commercial

L

LegalVision

My Company Is In Financial Distress. Is A Creditors' Scheme Of Arrangement The Right Option?

Australia Finance

L

LegalVision

How convertible notes can help you raise capital, faster

Australia Finance

M

Metis Law

Wary of the bake sale? The best ways to raise capital in 2020

Australia Commercial

HL

Hazelbrook Legal

How do I chase up a debt during COVID-19?

Australia Coronavirus

L

LegalVision

Green Bonds Series: Part 4 – When green bonds go brown

Australia Finance

CC

Corrs Chambers Westgarth

Double Trouble: Court Advises Liquidators To Reject A$905 Million Proofs Of Debt

Australia Finance

JD

Jones Day

Attracting capital from financial investors in the current climate

Australia Finance

CC

Corrs Chambers Westgarth

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