Lender Liability Online

News & Views

  • ASIC loses insider trading case against Citigroup Capital Markets. [3.625] [3.670]
  • South Australian Government held liable to “stolen child” for tort of misfeasance in public office. [1.62]
  • High Court upholds constitutional validity of control orders under s.104 of Criminal Code Act 1995 (Cth). [12.540]
  • Australian Democrats introduce Public Interest Disclosure Bill. [3.320]
  • Reverse mortgages and low doc loans are growing in popularity. [1.20] 
  • The Senior Australian Equity Release Association of Lenders (SEQUAL) has introduced a Code of Conduct in relation to reverse mortgages  
  • The Federal Government has approved 132 applications for funding from the “Assetless Administration Fund”. [1.95]

Welcome to Lender Liability Online

In the seven years since Lender Liability was published in Australia there have been significant statutory developments, particularly on insider trading, the confiscation of criminal profits, money laundering and terrorist financing, apportionment of liability, consumer credit, whistleblowing, and environmental liability. New challenges for regulatory authorities have arisen from two-tier marketing, predatory and payday lending, reverse mortgages and low-doc loans. Moreover, important cases have clarified the law on bank secrecy, misleading advertising, unconscionable conduct, unjust contracts, constructive trusts, insider trading, shadow directorships, and emotionally dependent guarantors.  I expect this evolution of lender liability law to continue unabated.
 
The primary purpose of this database is to update the text Lender Liability (LBC Information Services, 2000) in an efficient and user-friendly manner.  For this reason, the paragraph headings and numbering from the original work have been retained.  New paragraphs have been created to accommodate the plethora of recent developments.  Indeed, there are so many important changes that this database can function as a stand-alone service, although clearly Lender Liability (2000) should be consulted for a more comprehensive analysis. Copies are available from Thomson LawBook Co, 100 Harris Street, Pyrmont NSW 2009.