Timely seminar for lawyers on mortgage disputes, responsible lending, hardship applications, enforcement actions and collections in the current environment. Understand what defences are available against mortgage enforcements, including different methods for avoid liability and remedies under the Contracts Review Act, National Consumer Credit Code, and Australian Consumer Law. Essential viewing for lawyers assisting clients.
Chair:
Melinda Smith, Office Managing Partner, Brisbane, MinterEllison
10.00am to 11.00am Enforcement Action and Collections in the Current Environment
- Dealing with proceeds of crime legislation
- Dealing with tenants
- Cyber crime
- Privacy
- Debt collection guideline updates
- Other hot topics in enforcement
Presented by Gary Koning, Partner, Dentons
11.15am to 12.15pm Defences Against Mortgage Enforcements
- Examining the different methods used to avoid liability: What has been successful?
- Use of the general law, the Contracts Review Act, the National Consumer Credit Code, Australian Consumer Law and the ASIC Act
- Remedies available
Presented by Andrew Kirby, Barrister, Young’s List
9.00am to 10.00am Mortgages, Responsible Lending & Hardship Applications
- Making a responsible lending assessment
- What the future holds in light of legislative changes to responsible lending
- A new approach to hardship applications
- Regulator and AFCA approaches
Presented by Steven Klimt, Partner, Clayton Utz; consulting editor & contributing author, CCH Australian Consumer Credit Law Reporter; co-author, retail banking chapter, The Essential Guide to Financial Services Reform, CCH/Clayton Utz
Description
Attend and earn 3 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
11.00am to 11.15am Break
Presenters
Ms. Melinda Smith, Office Managing Partner, Brisbane, MinterEllison
Melinda is the head of MinterEllison’s Queensland disputes practice. She is a specialist financial litigation, insolvency and restructuring lawyer. Melinda has significant experience acting for listed companies, large scale corporates, financiers and insolvency practitioners in a range of disputes, secured and unsecured recoveries, strategic remediation projects and regulatory issues. She has also acted in non-contentious restructuring and workouts, for companies in financial distress and who are solvent.
Mr. Steven Klimt, Partner, Clayton Utz
Steven has been practising in the retail banking and financial services area for over 30 years. His practice covers documentation, procedures, forms and systems, and financial services regulatory issues including consumer credit, anti-money laundering. payment systems and privacy. His clients include many of Australia's leading financial institutions, Fintechs and finance companies. Steven is a contributing author to the CCH Australian Consumer Credit Law Reporter. He has been ranked in Best Lawyers Australia in Banking and Financial Services and Regulatory Practice for many years.
Mr. Gary Koning, Partner, Dentons
Gary Koning is a Partner in the Recoveries and Restructuring Group at Dentons. Gary has over 20 years' experience advising banks, financial institutions and insolvency practitioners on all aspects of administrations, receiverships, liquidations, provisional liquidations, security enforcement, recovery of voidable transactions, dispute resolution and compliance with legal obligations, industry codes and standards. Gary is focused on negotiating the heavily regulated environment in which practitioners operate and has presented and published on various topics related to security enforcement and recoveries, Corporations Act administrations and bankruptcy
Mr. Andrew Kirby, Barrister, Young’s List
Andrew is an experienced barrister with extensive trial and appeal experience in banking and finance matters, property, equity and commercial law. Andrew brings expert experience to his banking and finance cases having worked previously as an investment banker in London and Australia. This experience provides him with a strong knowledge of finance, investment and accounting issues. From 2011 to 2017 he was the Chairman of the Banking and Finance section of the Commercial Bar Association of Victoria. In this area he has particular expertise in cases involving banking and security issues, professional negligence of financial advisors and financial investments. Andrew has written and delivered numerous articles and seminars on topics involving banking and investment issues, the liability of financial advisers, mortgage fraud and property matters.
