James W S Peters QC and Daniel Crennan discuss the Code of Banking Practice, and the Doggett v CBA  VSCA 351 and NAB v Rose cases.
James and Daniel also provide insight into the Code’s incorporation into contracts, how failure to comply with provisions in the Code became a contractual warranty, contributory negligence, how causation was proved and practical lessons in pleadings.
• Why is the Code of Banking Practice relevant?
• How did the Code come about?
• What types of issues does the Code of Banking Practice deal with?
• How does the Code affect the relationship of Banking and customer/guarantee?
• What are some of the key cases regarding the Code of Banking Practice?
• If the bank is found to have breached the terms of the Code, incorporated into the contract, what other issues are relevant?
• What is the nature of the term breached? Is it merely a warranty or could it amount to a condition?
• If there is a breach of warranty, how is causation proved?
• How can the Bank meet an allegation of breach of warranty in that case?