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Category Archives: Banking and Finance Law

Dont be an average Transactional Lawyer

Transactional lawyers are often seen as the negotiators of the legal world. Requiring enough aplomb to sway the mediator, and enough aggression to push for the best possible deal for their client, transactional lawyers often need to walk a tightrope of rhetoric and resolve. However, by adhering to the tips below, you can ensure the […]

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Finance linked swaps in lending

This is a presentation delivered by Dr William Higgs (Barrister-at-Law, Elizabeth Street Chambers) and Alex Chernishev (Senior Associate, Clayton Utz) on finance linked swaps in lending. The presentation provides an overview on the relevant issues in drafting a finance linked swap in a financing transaction including the following concerns: -the issues pertinent to the integration of swaps into financing […]

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Set-off in financing transactions

This presentation was delivered as a CLE by Dr William A.J. Higgs (Barrister at Law, Elizabeth St Chambers) and Alex Chernishev (Senior Associate, Mills Oakley) The presentation provides an introduction to an advances topic called set-off. The presentation was delivered as a CLE through the College of Law, Sydney. Setoff

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Legal Nature of a Share in a Company?

In Sydney Futures Exchange Ltd v Australian Stock Exchange (1995) 56 FCR 236; (1995) 128 ALR 417; (1995) 16 ACSR 148 Lockhart J, at 255-256 of 56 FCR, 166-167 of 16 ACSR analysed the nature of a share in a company as follows:  “A share is a right to a specified amount of the share […]

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