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2 March 2023
This seminar will be an overview of the unconscionability principles — both at general law and under statute — with a look at key and recent decisions in this ever-developing area, including the Full Court of the Federal Court of Australia’s decision in Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd  FCAFC 40 and the High Court’s decision in Stubbings v Jams 2 Pty Ltd  HCA 6.
In this seminar, Evelyn Halls provide an overview of the Australian Financial Complaints Authority (AFCA)’s first 18 months of operations, since its establishment in November 2018 as a ‘one-stop shop’ to deal with financial services complaints.
She will discuss the steps AFCA takes to resolve complaints efficiently, effectively and fairly. She will highlight complaint trends, emerging issues and learnings for the financial services sector, as well as providing an insight into key AFCA initiatives such as the Fairness Project and the development of AFCA’s revised approach to responsible lending.
This session builds on the previous Victorian Bar CPD session that provided an introduction and overview to blockchain technology and cryptocurrencies. This session will survey the extant Australian case law considering blockchain and cryptocurrencies, drawing out the key themes and implications for the law and legal practice. The session will also delve into current regulatory trends and make predictions about the types of evidentiary, legal, and jurisdictional issues that may arise in the context of future legal disputes.
This seminar will look at the formal requirements for drafting guarantees, pleadings, and outline the scope of guarantor liability and discharge, guarantor rights and defences, and legislation affecting guarantors.
In this Q&A Session, James W S Peters QC and Daniel Crennan discuss the Code of Banking Practice, including the types of issues it deals with, how it affects the relationship of Banking and customer/guarantees, warranties, breaches and conditions. Two key cases in Victoria discussed in this Q&A include Doggett v CBA and NAB v Rose.