Judicial review – proper, genuine and realistic consideration

A recent Federal Court decision is a timely reminder that Ministers should not rely entirely on briefing notes before making decisions – and when the decision is defended, it is the Minister who is expected to give evidence. The Federal Court recently found that a Minister had failed to “consider any comments, information or documents” […]

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The risks of discontinuing: a look at the High Court’s decision in UBS v Tyne

The recent High Court decision of UBS v Tyne [2018] HCA 45 concerned circumstances where an original trustee of a trust discontinued proceedings in the Supreme Court of New South Wales, then almost 2 years later a subsequently-appointed trustee of the same trust commenced fresh proceedings in the Federal Court raising, in substance, the same claims against […]

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Borrowers punished for behaving unconscionably in taking advantage of a lender’s mistake

The New South Wales Supreme Court decision of Citigroup v Wernhard [2019] NSWSC 132 considers whether certain conduct by the borrowers was unconscionable (as against a lender). Borrowers sold one of three properties that was held as security for loans to them, but the lender mistakenly released mortgages over all three. The borrowers noticed the mistake, subsequently sold […]

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Banks to take extra care with vulnerable customers

The new Banking Code of Practice, which commences on 1 July 2019, requires member banks to train their staff to take extra care with vulnerable customers, by acting with sensitivity, respect and compassion.

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Two wrongs don’t make a legal right

Equal treatment is a fundamental principle of justice. This is well understood in the abstract, but what it might mean in practice and how it might be enforced is less clear, as is demonstrated by an important recent UK decision[1] that will be monitored closely by Australian lawyers. The case As a result of cartel […]

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New Banking Code of Practice

  Click here for full size image.  Authored by: Annette Gaber, Partner Anna Koumides, Senior Associate

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A welcomed authorisation of AFCA!

Read previous article: AFCA to be receiving disputes by 1 November 2018   On 1 May 2018, the Minister for Revenue and Financial Services authorised the operation of the Australian Financial Complaints Authority (AFCA): a new single external dispute resolution (EDR) scheme for consumer and small business complaints. The Minister announced that: All financial firms required […]

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AFCA to be receiving disputes by 1 November 2018

In May 2017, Professor Ian Ramsay’s final report of the Review of the financial system external dispute resolution and complaints framework (Final Report) was released.  The most significant recommendation contained in the report was to establish a single external dispute resolution body for financial and superannuation disputes to replace FOS, SCT and CIO.  The Government […]

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From Little Things Big Disputes Can Grow

Sometimes, unfortunately, it does not take much for issues with a client to escalate into being a costly building dispute.  However, it also often does not take much to avoid the dispute happening in the first place. This is an example of both. The dispute and the decision In December 2016, the New South Wales […]

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