Culture-related Regulatory Enforcement: Where might the Australian ‘BEAR’ go hunting?

This two-part briefing has been prepared for in-house legal, risk and compliance professionals in financial services firms, including insurance and superannuation entities. Part one of this briefing covers the following matters: Introduction to the “Banking Executive Accountability Regime” (BEAR) What is required under the regime and penalties for individuals and companies BEAR’s imminent expansion to […]

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ASIC appeals Westpac’s success in the responsible consumer lending test case

In Australian Securities and Investments Commission v Westpac Banking Corporation (Liability Trial) [2019] FCA 1244, the Australian Securities and Investments Commission (ASIC) has brought a ‘test case’ considering alleged breaches of responsible lending obligations against Westpac Banking Corporation (Westpac). In particular, ASIC alleged Westpac breached the National Consumer Credit Protection Act 2009 (Cth) (the Act) through the use of its […]

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Lender’s minor omissions have major impact in summary judgment application

In Secure Funding v West [2017] QDC 169, the District Court of Queensland provides a helpful reminder of the importance of complying with contractual and legislative notice requirements.  As this case demonstrates, it is important for lenders to be able to demonstrate service of default notices so as to avoid minor omissions which can be costly.   […]

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Marshalling – what is it and how can it help a second registered mortgagee?

Marshalling is an equitable doctrine designed to protect second registered mortgagees from not being paid because of the arbitrary or capricious realisation of a security property by a prior mortgagee. In certain circumstances, a second registered mortgagee may be able to access surplus proceeds of sale from a property which it did not hold a mortgage […]

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The Victorian State Government’s Building Amendment (Cladding Rectification) Bill 2019 passes Parliament.

On 12 November 2019 the Building Amendment (Cladding Rectification) Bill 2019 passed State Parliament and the Building Amendment (Cladding Rectification) Act 2019 (new Act) has now received Royal Assent. The new Act enacts the State Government’s consumer focused ‘rescue package’ in relation to the funding of ‘cladding rectification work’[1] associated with ‘non-compliant or non-conforming external […]

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Fairness in Franchising – Franchising Taskforce Releases Regulation Impact Statement

Following on from the Issues Paper issued by the Franchising Taskforce in August, the Franchising Taskforce released a Regulation Impact Statement (RIS) on 11 November, which will assist the Franchising Taskforce in making recommendations to Government regarding reforms to the franchising sector. The Taskforce and is inviting submissions by 6 December 2019. The Franchising Taskforce […]

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Royal Commission Interim Report Analysis: What will it mean for providers?

While most people working within the aged care sector would have read Volume 1 of the Royal Commission’s Interim Report released on 31 October 2019, we have provided an analysis which enables approved providers to understand and respond to some of the key issues and possible implications identified within the Interim Report. Click here to […]

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Service of a creditor’s statutory demand – the importance of serving at the registered office maintained by ASIC

The recent decision of Mills Oakley v Asset HQ Australia Pty Ltd [2019] VSC 98 highlights the need for strict compliance when serving a creditor’s statutory demand on the registered office of a company. The Court considered whether a creditor’s statutory demand, with an error in the registered address of the company, was served in accordance with […]

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Liquidator’s application to obtain greater role in managed investment scheme winding up

In LM Investment Management Limited v Whyte [2019] QSC 233, the Supreme Court of Queensland considered an application by a Liquidator to: replace the court-appointed Receiver in the winding up of a managed investment scheme as well as for a complex remuneration and costs regime to be put in place; and to access the scheme property in […]

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Liquidator’s remuneration from trust assets – the next instalment

In LM Investment Management Limited & Anor Whyte [2019] QSC 245, the Supreme Court of Queensland considered an application by the Liquidator of LM Investment Management Limited (LM), for payment of some or all of his remuneration from trust property. The trust property comprised by a number of registered investment schemes, including the LM First Mortgage Income […]

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Draft Privacy Safeguard Guidelines for Consumer Data Right Released

What is the Consumer Data Right? The new Consumer Data Right (CDR) will take effect in February 2020, first in the banking sector then later in the telecommunications and energy sectors. The Government’s objective is to promote competition, choice and innovation. For example, it should become easier for a consumer to change banks because they […]

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Trade promotions update | gift offers: what you need to know

Here is an overview of what permits are required for gift offers, Trade promotions update | gift offers: what you need to know.   Are permits required? In some cases, yes. Permits may be required if there is any chance that a consumer will miss out on receiving a gift. It will all depend on […]

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