Mortgages: Enforcement, Collections & Critical Updates
COVID-19 and the resulting market downturn has significantly impacted mortgages, including when, how and if they should be enforced. There is a great deal of risk & uncertainty for consumers, businesses, banks & lenders. This comprehensive seminar covers the key issues related to mortgages in the current environment, including enforcement actions, collections, fraud, defences to enforcement & more. Gain essential information & guidance on how to deal with the situation right now & into the near future.
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Matthew Bransgrove, Partner, Bransgroves Lawyers; author, Avoiding Mortgage Fraud in Australia (2015), Lexis Nexis; co-author, The Essential Guide to Mortgage Law in NSW (2008) and The Essential Guide to Mortgage Law in Australia (2013), Lexis Nexis
1.00pm to 1.05pm: Opening Comments from the Chair
1.05pm to 1.35pm: Mortgages, Responsible Lending & Hardship Applications
- Making a responsible lending assessment in the age of COVID-19
- A new approach to hardship applications
- Regulator and AFCA approaches
Presented by Steven Klimt, Partner, Clayton Utz; consulting editor & contributing author, CCH Australian Consumer Credit Law Reporter; co-author, retail banking chapter, The Essential Guide to Financial Services Reform, CCH/Clayton Utz
1.35pm to 2.25pm: Enforcement Action and Collections in the Current Environment
- Refresher on legal obligations relevant to collections
- Roundup of emergency COVID-19 legislation in each state impacting mortgagees’ enforcement action
- Issues for resuming enforcement actions post-COVID-19
- Reputational risks of enforcement actions in this climate
- Navigating court closures, delays and new or different procedures and timelines that impact enforcement
- Service issues and the impact of changes to Australia Post delivery standards
Presented by Tim Sherrard, Partner, Dentons
2.25pm to 3.15pm: Hot Topics in Enforcement: New Cases, Regulatory Updates, Guarantees & Fraud
- Analysis of the latest cases impacting mortgages, the key takeaways, and the ramifications for your organisation or practice
- Update on regulatory actions and what’s on AFCA’s radar
- Enforcing third-party mortgages: latest issues in enforcing guarantees
- Fraud, negligence and unconscionable conduct
Presented by Matthew Bransgrove, Partner, Bransgroves Lawyers; author, Avoiding Mortgage Fraud in Australia (2015), Lexis Nexis; co-author, The Essential Guide to Mortgage Law in NSW (2008) and The Essential Guide to Mortgage Law in Australia (2013), Lexis Nexis
3.15pm to 3.25pm: Break
3.25pm to 4.15pm: Mortgage Enforceability: The Impact of Documentation and Procedure
- Contract loan: What’s in the mortgage documentation and what is the effect?
- Type of default and statutory notices
- Considerations in how a lender goes about recovering possession
- Removal of caveats
- Discharging mortgages and managing mortgagee sales
Presented by Gary Koning, Partner, Dentons
4.15pm to 5.05pm: Defences Against Mortgage Enforcements
- Examining the different methods used to avoid liability: What has been successful?
- Use of the general law, the Contracts Review Act, the National Consumer Credit Code, Australian Consumer Law and the ASIC Act
- Remedies available
Presented by Andrew Kirby, Barrister, Young’s List
5.05pm to 5.10pm: Closing Comments from the Chair
Presenters
Matthew Bransgrove
Matthew Bransgrove has practised exclusively in the field of mortgage law and mortgage related litigation since 1998. He is author of Avoiding Mortgage Fraud in Australia (2015) Lexis Nexis. He is co-author of The Essential Guide to Mortgage Law in NSW (2008) Lexis Nexis and its successor The Essential Guide to Mortgage Law in Australia (2013) Lexis Nexis.
Steven Klimt
Steven Klimt joined Clayton Utz in 1986. Steven's retail banking practice covers retail banking documentation, procedures, forms and systems, all legislation relevant to banking operations including the National Consumer Credit Protection legislation, the Personal Property Security legislation and reforms, anti-, money laundering legislation, FSR, FTRA, and other anti-money laundering legislation, Banking Act, the Payment Systems (Regulation) Act, Code of Banking Practice and EFT Code of Conduct. His clients include many of Australia's leading financial institutions. Steven is a consulting editor and contributing author to the CCH Australian Consumer Credit Law Reporter and a co-author of the retail banking chapter of the CCH/Clayton Utz Publication The Essential Guide to Financial Services Reform.
Tim Sherrard
In more than 20 years of legal practice, Tim has focused on financial services recovery, including secured and unsecured recoveries. Tim has experience assisting banks and major financial services institutions with their loan recovery and security enforcement, both retail and commercial. He advises on a range of recovery-related issues from legislative and regulatory to strategic and portfolios. Tim also acts for insolvency practitioners in corporate administrations, liquidations and receiverships, as well as personal insolvencies.
Gary Koning
Gary Koning is a partner in the Restructuring & Insolvency team in Sydney. Specialising in financial recovery, Gary has over twenty years’ experience advising banks and financial institutions in recoveries, security enforcement, dispute resolution and insolvency. Gary advises insolvency practitioners and bank officials in relation to administrations under the Corporations Act and the Bankruptcy Act. He is also frequently involved in the negotiation of proposals, strategies and restructures in order to avoid such administrations. In addition, Gary regularly presents to the banking, finance and legal industries, including a regular Credit Law series, designed to ensure Responsible Managers meet their Australian Credit Licence obligations.
Andrew Kirby
Andrew is an experienced and successful trial advocate with extensive experience in banking and financial services, property, equity, corporations, insurance and insolvency. He predominantly appears in commercial trials in the Supreme, Federal and County Courts, as well as tribunals.