The latest Part of the Australian Business Law Review includes the following articles: “Asset lending, unconscionable conduct and intermediaries” – Denise McGill; “Certainty and the ISDA credit derivative determinations committees” – G P Craddock; and “Whither a unified approach to the functional dimension of market definition: Why Metcash was the one that got away” – Josh Buckland. Also included in this Part are the following section notes: Banking and Finance: Financial literacy and financial decision-making of Australian secondary school students – Paul Ali, Cosima McRae and Ian Ramsay; Competition Law and Market Regulation: Strategic entry deterrence: Does it constitute a misuse of market power? – Stephen Corones; Contracts and Restitution: The High Court considers the meaning of “reasonable endeavours”: Electricity Generation Corp v Woodside Energy Ltd – Troy Keily; and New Zealand Newsletter: Frustration of contract in the New Zealand Supreme Court – Rex Ahdar.
By David Perkis. Derivatives markets have attracted considerable attention recently, in the context of both the global financial crisis and equity derivative use in merger and acquisition activity. Yet limited consideration, especially in Australia, has been afforded to how the use of credit derivatives by lenders may affect the ability of a distressed borrower to restructure its debt.