Unfair Terms In Loan Contracts And Guarantees | LawCPD.com.au
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Unfair Terms In Loan Contracts And Guarantees

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Unfair Terms In Loan Contracts And Guarantees

Dr. James O’Donovan has practised in commercial litigation and banking and finance in most Australian jurisdictions and is currently Special Counsel at Lavan Legal.

Course Summary

This course discusses the impact of the unfair contract terms provisions of the Australian Consumer Law on loan contracts and guarantees.

Course Details

This course examines the scope of the unfair contract terms provisions in the Competition and Consumer Act 2010 (Cth) and the Australian Securities and Investment Commission Act 2001 (ASIC Act).  It focuses in particular on the impact of the unfair contract terms provisions in the ASIC Act on loan contracts and guarantees. 

The course provides an overview of the elements of an unfair contract, including the factors which a court must take into account when determining whether a term is unfair.  It also provides a detailed analysis of the types of clauses in loan contracts and guarantees which may be viewed as unfair by the courts.  

The course also discusses the enforcement powers available to regulatory bodies under the Competition and Consumer Act and the ASIC Act.  In addition, it provides an overview of the different enforcement options and remedies available to consumers.

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