Murky waters: What is “responsible lending”?
On 13 August 2019, Justice Perram dismissed a case that ASIC brought against Westpac in regard to responsible lending laws. Ultimately, Justice Perram decided that Westpac’s use of an automated process for loan approvals was not a breach of responsible lending. The decision leaves us asking: Will banks ever...Read More
ARE YOU AN EXTERNAL ADMINISTRATOR BEING QUESTIONED BY CREDITORS?
Or, are you a creditor of a liquidated company seeking information? Legislative changes commencing in 2017 conferred additional power on creditors of companies in external administration. The additional powers included a right for creditors to obtain information and records from an external administration. INTRODUCTION OF THE POWER The...Read More
When can an insurer refuse a claim?
Section 54 of the insurance contracts act 1984 (Cth) can be used to restrict an insurer from rejecting a claim. What are the limits of Section 54? Section 54 of the Insurance Contracts Act 1984 (Cth) provides that an insurer may not refuse to pay a claim in certain...Read More
Can you really clean up your credit history?
What is credit history? The legislation that governs credit history and credit reports in Australia is the Privacy Act 1988. According to section 6N of the Privacy Act, credit information, (commonly referred to as ‘credit history’) can include information about a person’s: repayment history; default history; court proceedings brought...Read More
I am owed money, can I lodge a caveat against the debtor’s land?
The title to this article is a question we regularly get asked when we’re approached by clients to recover a debt due to them. Unfortunately, in most circumstances the answer is no. In this article, we will explore the circumstances in which you can lodge a caveat against a...Read More