Mortgages: Enforcement, Collections & Key Updates
WEB213N30: COVID-19 and the resulting market downturn has significantly impacted mortgages, including when, how & if they should be enforced. There is a great deal of risk & uncertainty for consumers, businesses, banks & lenders. In this comprehensive seminar you will cover the key issues related to mortgages in the current environment, including enforcement actions, collections, fraud, defences to enforcement & more. Gain essential guidance on how to deal with the situation now & into the 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
- What the future holds in light of legislative changes to responsible lending
- 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
- A look at the current collections/enforcement landscape
- Refresher on legal obligations relevant to collections
- Review of the impact of emergency COVID-19 legislation on enforcement actions
- Issues for enforcement actions post COVID-19
- Reputational risks of enforcement actions in this climate
- Navigating delays and new or different procedures and timelines that impact enforcement
- Service issues and the impact of changes to Australia Post delivery standards
- Additional recent issues impacting enforcement actions and collections
Presented by Tim Sherrard, Partner, Dentons
2.25pm to 3.15pm Hot Topics in Enforcement: New Cases, Regulatory Updates, Guarantees & Fraud
Analyse the most important mortgage cases in the last six months and the key takeaways for lenders and lawyers involving regulatory issues, guarantees, fraud and more.
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, what is the effect, and what are the compliance requirements?
- Type of default and statutory notices: getting them right
- Considerations in how a lender goes about recovering possession: various options
- Removing caveats that threaten the mortgagee sale
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'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. He also advises on credit cards, e-banking and smartcards including all aspects of access to bank accounts such as card access, redraw facilities, account linkage, electronic banking and BPAY. 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.