Finance documents will often include a provision that excludes a junior secured creditor’s right of marshalling, although the reasons for doing so aren’t always understood or appreciated. What’s marshalling? Marshalling…
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Set-Off in Financing Transactions [Toolkit]
Set-off allows one party to apply a debt owed to it by its counterparty to discharge all or part of a debt that it owes to that counterparty. Parties to…
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Submitting Evidence to the Royal Commission: Volunteer at Your Peril!
Volunteering is generally a laudable exercise to be encouraged. But when it comes to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Royal Commission),…
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The Royal Commission: Beware its Teeth
As news breaks of the banking and financial services industry deceiving customers and regulators, we chat to Dr Tom Middleton, author of ASIC Corporate Investigations and Hearings, about the powers…
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Electronic Signatures: A Guide for Lawyers
When I began my career in corporate law, signing and exchange of contracts involved a certain ceremony and spectacle. Junior lawyers printed and clipped the requisite number of counterparts and…
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