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Corrs Chambers Westgarth | Australia | 20 May 2022
High Court finds lenders not entitled to rely on certificates of independent advice
This week's TGIF considers Stubbings v Jams 2 Pty Ltd [2022] HCA 6, in which the High Court overturned a finding by the Victorian Court of Appeal and…
Cordato Partners | Australia | 27 Mar 2022
Five wise judges reject the three wise monkeys approach to moneylending
It's called asset lending when a loan is made secured by real estate without regard to the borrower's ability to pay. The lender's recourse is to…
Ironbridge Legal | Australia | 18 Mar 2022
High Court weighs in on unconscionability and personal guarantees in non-bank lending
The High Court has handed down the long-awaited decision of Stubbings v Jams 2 Pty Ltd [2022] HCA 6, unanimously overturning the decision of the…
One Asia Lawyers | New Zealand | 12 Jan 2022
Amendments to the Fair Trading Act in New Zealand
In August 2021, the Fair Trading Amendment Act 2021 (“Amendment Act”) was passed in New Zealand. This new legislation amends the Fair Trading Act…
Bird & Bird LLP | United Kingdom | 28 Jun 2021
High Court finds that there is no proprietary estoppel for “late” declarations of standard essential patents under English law - Optis and Unwired Planet v Apple
The question of whether “late declaration” of a Standard Essential Patent (SEP) can allow an implementer to rely on the doctrine of estoppel, as a…
Cordato Partners | Australia | 2 Jun 2021
Court asks ASIC to investigate avoidance of the National Credit Code, cuts interest rate on loan from 69.588% to 4.1% pa
The National Credit Code protects a borrower if they are a natural person and if the loan is 'to purchase, renovate or improve residential property'…
Cordato Partners | Australia | 5 Apr 2021
A Quantum Leap for statutory unconscionability
In a decision which ACCC chair Rod Sims proclaims as 'extremely important for all Australian consumers and businesses', the Federal Court of…
Jackson Lewis PC | USA | 25 Mar 2019
Third Circuit Rules in Favor of Employer Who Monitored Former Employees’ Social Media Accounts
On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not…
Cordato Partners | Australia | 14 Mar 2019
Must borrowers act conscionably towards their lender?
Lenders must act fairly in their dealings with borrowers. But must borrowers act fairly (according to conscience) in their dealings with lenders?…
Bodipalar Ponnudurai De Silva | Malaysia | 18 Feb 2019
Exclusion clauses – abuse of freedom of contract?
It is common for large conglomerates to require customers to execute agreements with standard boilerplate terms and conditions. The fine print of these boilerplate terms and conditions typically contains an exclusion clause which seeks to restrict or limit the liability of the corporations. However, what happens when these corporations default under the agreement and then seek refuge behind......
