Session Catalogue

qa-james-w-s-peters-qc-daniel-crennan

Q&A Session with James W S Peters QC & Daniel Crennan – Code of Banking Practice: Relevance, Issues & Key Cases

$77.00

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.

$77.00

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Full Description

James W S Peters QC and Daniel Crennan discuss the Code of Banking Practice, and the Doggett v CBA [2015] 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.

Discussion points:
• 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?

Participants

The following individuals appear in this session. You can click through to view their profile or to browse the other sessions they have participated in.