Australia: Finance and Banking

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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.
Article
NSW Supreme Court Signals Increased Scrutiny Of Default Interest Clauses
The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.
Australia Finance
M
McCabes
Article
Net Tangible Asset Requirement Set To Increase For Responsible Entities
ASIC is set to increase the net tangible assets requirements for responsible entities of registered managed investment schemes, IDPS operators, and corporate directors of retail CCIVs, with changes taking effect from 1 July 2027. The updated thresholds will reflect inflation adjustments since 2013 and will be indexed annually going forward. Entities impacted by these regulatory changes will need to ensure compliance with the new minimum financial requirements before the implementation date.
Australia Finance
KG
K&L Gates LLP
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Related Country Guides

AI
Alternative Investment Funds

Capital Adequacy/BASEL

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Debt Capital Markets

Article
PPSA Myths Unveiled – What You Need To Know
The Personal Property Security Act (PPSA) is a comprehensive legal framework designed to regulate the creation, registration and enforcement of security interests in personal property across various jurisdictions, such as Canada, Australia and New Zealand. Its primary goal is to establish clear rules for how lenders and borrowers can secure loans using personal assets, ensuring transparency and predictability in commercial transactions.
Australia Finance
BP
Bartier Perry
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Charges, Mortgages, Indemnities

Video
Are My Assets That Are Held In A Specific Holding Company Protected From Creditors? (Video)
Senior associate Alfred Jackson examines whether assets held in a specific asset holding company are truly protected from creditors, focusing on the critical role of PPS leases. If a lessor fails to register their security interest properly, leased assets can vest in the lessee's trustee or administrator during insolvency, leaving the lessor as an unsecured creditor attempting to reclaim their own property.
Australia Insolvency
CG
Cooper Grace Ward
Article
Why Some Business Owners Recover Their Money In A Liquidation But Most Don’t
When an insolvency practitioner is appointed to a small or medium enterprise (“SME”), a consistent pattern emerges in relation to the owner’s investment in the company. In the majority of cases, the business owner has put a substantial amount of their own money into the business, typically drawn from savings, a personal loan or a redraw against the family home and that money has either been recorded as share capital or as a loan that was never documented or secured.
Australia Insolvency
CP
Cathro & Partners
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Financial Services

Article
NSW Supreme Court Signals Increased Scrutiny Of Default Interest Clauses
The Supreme Court of New South Wales has ruled that a default interest rate of 3% per month, compounded monthly, constitutes an unenforceable penalty despite valid loan documentation. This landmark decision challenges traditional lending structures where borrowers receive discounted rates that revert to higher rates upon default, requiring lenders to demonstrate legitimate commercial justification for increased default interest rates.
Australia Finance
M
McCabes
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Latest Videos

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