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We don’t usually praise a bank. But—well done NAB!

Sunday, October 15, 2017

First we said that NAB had ‘trashed its own small business brand’. We said this in March this year because of NAB’s lie that it had made its small business finance contracts comply with the unfair contract laws.

Last week we expressed tentative praise for NAB after it had ditched its bad contracts and come up with new ones. NAB’s self-congratulatory PR seemed to indicate a major step forward. But we said we’d check its standard form contract first.  More...


Bank lawyer: “We’ll do what we’re made to do”. Now they’re doing it!

Sunday, October 08, 2017

More good news on the unfair contract front! But first some background.

Back around 2009, when we were talking to big businesses about having fair contracts, the chief legal counsel for one of the big banks said to us, “We’ll do what we’re made to do.” We realized then how difficult our campaign would be. But we succeeded. The new small business unfair contract laws we pushed for started at the end of 2016More...


Banks forced to change small business contracts. A huge win for fairness!

Thursday, August 24, 2017

We’re mighty proud of the work we did, over close to a decade, to achieve the 2015 unfair contract laws protecting small business people. Here’s the tracking of our campaign from 2009. And it’s pretty fair to say that, without us, the laws would not have come into existence.

In that long struggle the banks consistently opposed the unfair contract laws. During that campaign one bank, NAB, was found by the courts to have engaged in ‘misleading and deceptive conduct’ in relation to a business mortgage. In our view NAB’s bank officers arguably behaved as they did because NAB’s small business finance contracts seemingly gave them unfair power. More...


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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