30 June 2005
Welcome to the June edition of Clayton Utz Banking & Financial Services Insights. Many trustee company directors were concerned by the Hanel decision in 2003. The Government is amending the Corporations Act to restore some of the immunities previously available to trustees, and we'll look at the changes in this edition.
We'll also examine the implications for lenders of changes to the Family Law Act.
Finally, we'll discover that security documents may give the lender far wider remedies than those in the loan agreement, and the lender may be free to exercise those rights without regard to the loan agreement.
By Karen O'Flynn.
Karen O'Flynn discusses a recent decision which gave the lender greater enforcement powers under the charge than under the loan agreement.
By Randal Dennings and Graeme Howatson.
Recent changes to the Family Law Act give courts power to vary lenders contractual powers, but as Randal Dennings and Graeme Howatson show, lenders can minimise their impact.
By Paul James and Paul Molnar.
Paul James and Andrew Molnar look at changes to the Corporations Act and explain that directors of corporate trustees will, in some circumstances, avoid personal liability for trust debts.
Mark Sneddon has joined a Federal Government body which advises on consumers trends, including the impact of e-commerce developments.
Asia's largest energy deal this year is probably China Light & Power's A$2.2 billion acquisition of the Australian merchant energy business of Singapore Power International - but what does Clayton Utz have to do with it?
Mark Sneddon is an expert in retail banking and regulated financial services law and has written and taught in this area for over 17 years.
