Finance Law and Banking Law

Queensland money judgments do not automatically transfer assets or compel payment, leaving creditors to navigate enforcement procedures tailored to the debtor's actual holdings. Two primary remedies—enforcement warrants for seizure and sale, and charging orders for investment property—offer distinct pathways, each with specific requirements, limitations, and strategic considerations that creditors must weigh before proceeding.

A Queensland Supreme Court case demonstrates how a poorly drafted deed of priority left a lender unable to recover $32.3 million in development completion costs ahead of a junior lender's debt. The decision reveals critical gaps in standard priority deed language when a developer collapses and a mortgagee must fund completion from their own resources.

When does a high default interest rate cross the line from legitimate compensation to an unenforceable penalty? A recent NSW Supreme Court case examines the principles governing default interest provisions in loan agreements, revealing the critical factors lenders must consider when structuring their interest rate terms. The decision provides essential guidance on what evidence lenders need to justify material increases in default rates and how courts will assess whether such provisions constitute genuine p

The Australian Securities and Investments Commission has proposed significant reforms to pre-lodgement advertising rules that would allow companies to communicate more freely with markets before filing disclosure documents. While offering greater flexibility for IPO offerors to gauge interest and address market commentary, the changes raise important questions about investor protection and the potential for premature investment decisions based on incomplete information.

ASX Listing Rule 7.1 generally restricts an ASX-listed entity from issuing more than 15% of its issued capital in a 12 month period without shareholder approval, other than in accordance with exceptions set out in Listing Rule 7.2.

There has been recent controversy where ASX-listed bidders have used highly dilutive share issues to acquire a target, bypassing 15% capacity constraints and without bidder shareholder approval.

Australia's private credit market faces its first genuine stress cycle as property transaction velocity slows and ASIC intensifies regulatory scrutiny. With delayed exits, extended loan maturities, and increased workout activity creating pressure across the sector, fund managers and trustees must now navigate both commercial challenges and heightened enforcement risk while ensuring their governance frameworks can withstand regulatory examination.

Obtaining certainty of being classified as a ‘fixed trust’ is now more important than ever for fund managers as the trustees of most non-fixed trusts are proposed to be subject to a 30% minimum tax from 1 July 2028.

The sustained growth of fund financing in private credit is strengthening the relationship between banks and private credit participants as the market continues to scale.

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The recent NSW Civ­il and Admin­is­tra­tive Tri­bunal deci­sion in Nichol­son v The Own­ers – Stra­ta Plan No 104042 [2025] NSW­CATCD 202 pro­vides impor­tant...

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.