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Like naughty schoolchildren, banks now complying with unfair contract laws

Thursday, June 01, 2017

Readers might recall our news alert headline, “we’ll only do what we’re made to do!” This was a senior counsel from one of the banks responding to our efforts about eight years ago asking them to support the unfair contract laws.

Then in March this year we said that NAB was trashing its own small business brand because it had, in our view, lied about changing its small business contracts to comply with the now operational unfair contract laws.  More...


NAB destroys its own small business brand

Friday, March 03, 2017

The National Australia Bank (NAB) has been caught out, in our view, in bald-faced lying to its small business customers. In so doing, it has trashed its own brand. Again, our view is that, for small business people, NAB has just declared that it can’t be trusted.

The issue arises from NAB’s issuing arguably false advice to its small business customers that it has amended its loan contracts to comply with the new unfair contract laws. We obtained a copy of the NAB advice and its new 100-page contract and forwarded them to Robert Gottliebsen of The Australian, initially thinking that this was a ‘good news’ story. But NO!! More...


The banks tried to stop fairness: Good-bye banks

Thursday, November 26, 2015

The Australian banks tried hard to stop unfair contract laws for small business people and they nearly succeeded. Fortunately, the banks failed. Now the laws have been proclaimed and come into effect on 12 November 2016.

Here’s the new Act. Here’s what makes a contract clause unfair.
Here’s ACCC information. The Australian Consumer and Competition Commission (ACCC) is now checking contractsMore...


Banks and unfair protections

Tuesday, December 16, 2014

The Banks are opposing unfair contract protections for small business people. Here’s their submission. But NAB were recently found to have engaged in  "…misleading and deceptive conduct … through its bank officer…" and had a mortgage guarantee set aside.

Extracts from the case National Australia Bank Limited v Smith [2014] NSWSC 1605 (13 November 2014) appear below— More...



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