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Duggan & Lanyon¿s Consumer Credit Law is suitable for both lawyers specialising in lending as well as those whose practitioners whose involvement with the Code is more peripheral. The updated and revised second edition covers all major developments in legislation and case law since the first edition was published in 1999. Written by experts in the field, this title concentrates on the Code but covers related laws and various state and territory laws governing the licensing and registration of credit providers and the constitution of tribunals. Features: - Authoritative and accessible piece of legal writing - Comprehensive coverage of the NCCP - Expert authors with strong reputations in the consumer credit field
Consumer law, particularly consumer credit law, is characterised by increasingly complex regulation in Western economies. Reacting to the Global Financial Crisis, governments in the UK, the EU, Australia, New Zealand and the United States have adopted new laws dealing with consumer credit, responsible lending, consumer guarantees and unfair contracts. Drawing together authors from all of these jurisdictions, this book analyses and evaluates these initiatives, and makes predictions as to their likely success and possible flaws.
Up until the global credit crisis in 2008, 'Financial Services' was the fastest growing sector of the Australian economy. This growth has had profound implications for individuals, corporations and government. Following extensive review in the last part of the twentieth century, Australia put in place an overarching system for regulating all financial services, replacing a system that was based on separate regulation of products in individual industries. Focusing on the implications of the new system for retail clients - 'financial citizens' - Financial Services Law and Compliance in Australia provides a comprehensive account of the regulatory structure and a detailed analysis of the legislative framework, including discussion of the new regulatory bodies, the new licensing requirements for those wishing to enter the financial services market and the new obligations for those marketing or offering financial services to the public. This is an essential resource for those working in, and advising on, financial services, for students of financial services law, and for anyone needing to understand this new regime in Australia.
This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However – as this collection will demonstrate – this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.
This study compares the insolvency regimes currently in place or likely to be adopted in the foreseeable future in various countries worldwide.
Annotated National Credit Code 7th edition is an essential guide to consumer credit regulation in Australia. It is a user- friendly practical guide for businesses, regulators, external dispute resolution schemes, consultants, compliance officers, credit agencies, consumer advocates and legal practitioners. This new edition provides a comprehensive update on issues involving unfair contract terms, product intervention orders, ePayments, small amount credit contracts, and consumer leases. It includes commentary on substantive amendments to the National Consumer Credit Protection Act 2009 and the National Consumer Credit Protection Regulations 2010. Features * summarises Australia's consumer credit protection regime, i.e., relevant Acts, Regulations, Regulatory Guides, and Information Sheets * provides commentary on the new regulations pertaining to: o obtaining and considering information to verify financial situation of consumers o small amount credit contracts--income requirements o consumer leases for household goods -- income requirements o constrained documents and constrained information o avoidance schemes o disclosure of information in consumer leases for household goods o base price of goods * provides detailed overviews of the NCCP Act regime and the National Credit Code * includes updated information on the ASIC licensing system, responsible lending requirements, responsibilities of credit providers, credit enforcement issues and penalty for breaches * includes a summary of and commentary on the legislative response to the Banking Royal Commissions * content is current to 1 July 2023 Related Titles * Lockhart, The Law of Misleading or Deceptive Conduct, 6th edition * Bolitho, Paterson and Howell, Duggan & Lanyon's Consumer Credit Law, 2nd edition * Tyree, Banking Law in Australia, 10th edition * Steinwall, Annotated Competition and Consumer Legislation, 2023 edition
This book evaluates key commercial law aspects of the relevant law and legislation governing residential mortgage-backed securities (RMBSs) in Australia from a legal perspective. Within the context of a “public benefit test” framework, the book seeks to critically evaluate the impact and effectiveness of current law and regulation governing RMBSs. There is a dearth of both academic and practical literature on the legal and regulatory issues surrounding RMBSs in Australia. The book aims to make a contribution to the formulation of law and public policy by suggesting a number of reforms to the current law and practice surrounding RMBSs in Australia. In part, these suggested reforms will be based on the lessons learned from the experiences of overseas jurisdictions such as Canada, the U.K, and the United States.