8. December 2011 10:08
Issue 5, Volume 27 of the Australian Banking & Finance Law Bulletin includes the following:
- In Brief: David Richardson of HWL Ebsworth Lawyers summarises the William Co-Buchong v Citigroup Pty Ltd case
- Amanda Bull of Thynne & Macartney asks, ‘Fixtures and the PPSA 2009: fuzzy logic?’
- Graeme Howatson of Clayton Utz presents stage two of the ‘Future of financial advice’
- And Anthony Lo Surdo SC, Barrister, introduces new books
21. October 2011 09:46
Volume 27, Issue 4 of the Australian Banking and Finance Law Bulletin is now available to online subscribers.
Inside this issue, you will find:
- ‘Fast Fix Loans Pty Ltd v Samardzic  NSWCA 260; BC201106779 (2 September 2011)’ by Anthony Lo Surdo, Barrister and David Richardson of HWL Ebsworth Lawyers
- ‘Fixtures and the Personal Property Securities Act: maintaining the status quo’ by Amanda Bull of Thynne & Macartney
- ‘Security over bank deposits under the Personal Property Securities Act’ by Kenton Steicke and Michael Spurritt of Kelly & Co Lawyers
- ‘Discharge for breaching a guarantor’s confidence, and the impact of the “innominate” term’ by Lee Aitken
- Graeme Howatson of Clayton Utz reports on the latest developments in banking and finance in ‘ASIC reports results from survey of financial services licensees’
- Barrister Anthony Lo Surdo reviews a new book by Richard Austin-Baker, ‘Implied Terms in English Contract Law’
22. September 2011 10:23
The latest edition of the Australian Banking & Finance Law Bulletin, Volume 27, No 3, is now available to subscribers.
- Lee Aitken writes "Lender versus intending surety: the 'duty' to advise"
- Graeme Howatson of Clayton Utz talks about the release of the second stage of consumer credit reforms
- David Richardson of HWL Ebsworth Lawyers and Anthony Lo Surdo, Barrister discuss the decision in Kousal v Suncorp-Metway Ltd  VSC 312; BC201104839
- Shaun McGushin, Richard Flitcraft and Rowan McMannies of Corrs Chambers Westgarth outline some implications for the banking sector in "Price signalling and information disclosure prohibitions"
- Tim Wiedman, Sean Robertson and Brendan Leighton of McCullough Robertson discuss the future of financial advice through the lens of recently released draft legislation
- Jon Denovan of Gadens Lawyers gives the latest banking and finance news, and
- Anthony Lo Surdo, Barrister, reviews a new book: Anticipatory Breach by Qiao Liu
6. January 2011 09:53
Against the background of the government’s Competitive and Sustainable Banking Reforms (an exposure draft of the proposed amending legislation is available on the Treasury site, comment closes 14 January 2011), APRA is reviewing the conditions for approval for the use of the term ‘bank’.
Under s 66 of the Banking Act 1959, financial businesses must obtain consent from APRA before they can use the restricted terms ‘bank’, ‘banker’ and ‘banking’.
Since 2000, building societies and credit unions have been able to use the adjective ‘banking’ in relation to their services under the terms of a class consent granted by APRA. However, ‘bank’ and ‘banker’ remain restricted to ADIs with $50m or more in Tier 1 capital.
APRA is looking for written submissions on the guidelines as part of its review – submissions are open until Friday 31 January 2011. The current guidelines on implementation of s 66 are available on the APRA site in pdf format.
Submissions may be made by email to email@example.com. More information is available on the APRA site.
26. October 2010 10:55
Vol 26 No 4 of our newsletter, Australian Banking and Finance Law Bulletin is now online.
We note in particular the article by Dr Mick Young, Henry Davis York, "Configuring catastrophe bonds: the science behind surprise":
The worst of the global financial crisis appears to be subsiding. Given the ongoing uncertainty in international credit markets, however, the full extent of the impact of the crisis in the years ahead remains unclear and conditions in the financial markets will, at the very least, remain challenging for the foreseeable future. Yet the market disruption has helped to re-enforce a basic rule of investing that was overlooked by many when financial markets were booming: the need to offset risk through the diversification of investments. Today, many international investors are looking for alternative investment vehicles to diversify their holdings to help shield them against future market shocks. The capacity of the capital markets to offer investors a rich portfolio of risk management strategies potentially holds the keys to this protection. [full article]
30. August 2010 17:31
The new issue of the Australian Banking and Finance Law Bulletin is now available online.
Subscribers' attention is drawn to the following article in particular: