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 […]
ReadmoreBanks 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.
ReadmoreThe duty of care of a public authority
A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]
ReadmoreNot all errors are equal
The nature of jurisdictional error has long confounded and confused. Not all errors of law are equal. Some errors deprive decision makers of authority, others do not. Some errors may be reviewed; the review of others may validly be excluded. There is a distinction of principle between errors characterised as jurisdictional errors and errors characterised […]
ReadmoreWhen is a decision subject to judicial review?
The Judicial Review Act 1991 (Qld) (JRA) provides an avenue for a person aggrieved by an administrative decision to seek judicial review. However, the right of a person to make an application for review of a decision[1] and the power of the Court to make orders[2] depend on the existence of ‘a decision to which […]
ReadmoreTwo 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 […]
ReadmoreNew Banking Code of Practice
With demand for the banks to meet community standards, the ABA has released the new Banking Code of Practice to enhance banking services, with effect from 1 July 2019. Click here for full size image. Authored by: Annette Gaber, Partner Anna Koumides, Senior Associate
ReadmoreA welcomed authorisation of AFCA!
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 to have a dispute resolution system to deal with complaints from consumers […]
ReadmoreAFCA 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 […]
ReadmoreFrom 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 […]
ReadmoreThe High Court decides – Do you need a valid reference date?
Is it imperative to have a valid reference date for a payment claim made under Security of Payment Legislation? The High Court determines the importance and effect of reference dates once and for all in Lewence Construction Pty Ltd v Southern Han Breakfast Point Pty Ltd [2016] HCA 52. Summary Today the High Court […]
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