New Lending Protections for Small Business

ASIC releases guidance on new protections for small businesses against unfair lending contract terms. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 extends the protections contained in th...

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Responsible Lending Obligations: Saving Borrowers from Themselves

Credit legislation often has a "sting in the tail” - something that was not readily apparent when the legislation was first framed but then comes back to haunt credit providers down the track. We are reminded of what happened...

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Get Ready, Offset, Go! Modern Award Absorption Clauses to Go

Since their commencement on 1 January 2010, all Modern Awards have had a standard clause 2.2 which allows employers to absorb monetary obligations imposed by the Modern Award into over award payments (Absorption Clause). This c...

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Consumer Leasing – a Perfect Storm

The recent release by the Australian Securities and Investments Commission (ASIC) of its report on the cost of consumer leases for household goods (Report 447), coupled with other recent changes, is likely to create a perfect stor...

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Court of Appeal considers operation of Road Management Act

On 20 August 2015, the Court of Appeal handed down the judgment in the matter of Kennedy v Shire of Campaspe [2015] VSCA 215. This was the first occasion on which the court has had the opportunity to consider the operation of the ...

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Reprieve from APRA for Religious Charitable Development Funds

The Australian Prudential Regulation Authority (APRA) has today released revised proposals on changes to the exemption order under the Banking Act 1959 (Cth) for religious charitable development funds (RCDFs). These are a response...

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