Banking & Finance

The Banking and Finance section addresses current and developing law in all aspects of banking, credit and financial planning activities in the business related and consumer domains.

The primary areas of focus are:

• Commercial lending;
  
• Mortgages and charges;
  
• Guarantees;
  
• Consumer credit lending;
  
• Cheques;
  
• Consumer Credit Code;
  
• Documentary credit;
  
• Trade finance:
  
• Mistaken and fraudulent transactions;
  
• Duties and disclosure requirements of financial planners. 
  

Regulation of these areas of practice is treated in the:

• Cheques Act;
  
• Anti-Money Laundering and Anti-Terrorism Financing Act;
  
• Financial Transactions Reports Act;
  
• Privacy Act;
  
• Part 7.6 of the Corporations Act;
  
• ASIC Act;
  
• Transfer of Land Act;
  
• (Proposed) Personal Property Securities Act.  
  

Equitable principles play a prevalent role in the areas of the enforcement of securities, mistaken and fraudulent transactions.