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.