Insights

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Electronic Communications Where Consumer Credit Involved – Potential Reforms

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Some of the restrictions on communicating electronically where consumer credit is involved may soon be lifted. ASIC recently wrote to major industry bodies and key stakeholders seeking their views on amending the Electronic Transactions Regulations...

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Small Amount Credit Contract Report Finally Released

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The eagerly awaited final report of the independent review of the small amount credit contract (SACC) laws and consumer leases was released on Tuesday 19 April 2016 by the Minister for Small Business and Assistant...

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ASIC to Review Finance Broker Remuneration

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In late February 2016, ASIC released a discussion paper titled “Broker Remuneration Review – Scoping Discussion Paper” to assist in scoping out the parameters of its forthcoming review of mortgage broker remuneration structures. ASIC is...

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New Lending Protections for Small Business

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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 the Australian Consumer Law against...

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Broker liability, penalties for false statements, dumping duties and an application to the High Court on TCOs

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LIABILITY FOR FALSE STATEMENTS TO CUSTOMS – FINES PLUS FORFEITURE OF THE GOODS Three individuals who made deliberately false statements in an attempt to evade duty each received fines equal to double the amount of...

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Shaken, not Stirred? Protecting Your Business Against Employee Espionage

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“BlueScope Steel stung by alleged corporate espionage” read the headline on the front page of the “The Age” newspaper last Saturday. The article that follows describes the alleged “international espionage” by former employee of BlueScope...

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State Government Panel Appointment Endorses Hunt & Hunt’s Property Capability

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The recent appointment of Hunt & Hunt’s Victorian property team to the Victorian Government Legal Services Panel demonstrates the depth and experience of our Melbourne property lawyers and paralegals. The team has been appointed to...

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Responsible Lending Obligations: Saving Borrowers from Themselves

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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...

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Rebutting the Statutory Presumption of Contributory Negligence

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The decision in Allen v Chadwick [2015] HCA 47 concerns the operation and interpretation of Parts 6 and 7 of the Civil Liability Act 1936 (SA) which construct a regime for determining negligence and create a...

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Anti-Money Laundering Legislation: Period of Grace for Implementation of New Customer Due Diligence Requirements Nears an End

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Readers may recall that on 1 June 2014 amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules) commenced. These rules were made under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the...

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High Court Closes Loophole on Independent Contractors

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In a unanimous judgment, the High Court has ruled that employers cannot avoid the sham contracting provisions in the Fair Work Act 2009 (Cth) through the use of third-party labour hire arrangements. In Fair Work...

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Residential Occupier not Liable

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On 10 December 2015, the High Court refused the plaintiff special leave to appeal the decision of New South Wales Court of Appeal in Christine Fabre v Bonny Lai Chun Lui  [2015] HCASL 230. The judgment...

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