General Editor’s note Welcome to the final issue of the Australian Banking and Finance Law Bulletin for 2017. It is rather unimaginable that the year is already drawing to a close – again! This is the holiday edition of the bulletin, and we have some great articles that will stimulate our minds by providing timely commentary on recent decisions and practical guidance on handling legal and commercial issues. This month, first up is Editorial Board member Leonie Chapman (LAWyal Solicitors). Earlier this year, the Australian Securities & Investments Commission commenced civil penalty proceedings in the Federal Court of Australia against Westpac Banking Corporation. Why? This was about alleged contraventions of home-loan responsible …show more content…
Very helpfully, the authors list the five relevant questions that must be determined, and if the answers to them are yes, then the transaction constitutes a PPS lease. I am sure you will want to read this article to learn more about these five questions, and more broadly, about PPS leases in general. Associate Professor Lee Aitken (TC Beirne School of Law, University of Queensland) observes that recent decisions show that there are continuing difficulties which arise in relation to the identification of a security by way of equitable charge, as opposed to a mere entitlement to lodge a caveat. In his article “Equitable charge, caveatable interest, and other security issues”, Lee looks at decisions where the courts had to determine a range of matters, including the scope of the property caught by an equitable charge and how may it be enforced, whether a party’s contractual entitlement to “lodge a caveat” necessarily bring with it an equitable charge over property, whether a “joint venture” give one “venturer” an equitable proprietary interest which will support a caveat, and whether a promise to provide a registrable mortgage at some future time enforceable. My thanks to Lee for another great article that considers authority in an interesting and practical way. Finally, I am pleased to bring back the popular book
The Second Bank of the United States was the countries national bank founded in 1816; this being just five short years after the first national bank expired (1833 Andrew Jackson Shuts Down Second Bank Of The U.S., n.d.). The first national bank was created by Washington and Hamilton in 1791 to house all federal funds. Jackson took office in 1829 and launched an investigation into the policies of this bank and the funding. Jackson, fought for the common man, not just the rich. He did not like his findings due to this and ordered banks closure in 1833; this is what is referred to as the Bank War. He also went as far as to veto an attempt by Congress to make a new branch of the bank, this and other reasons he had a spilt cabinet. Once closed he
The PPS Act has affected securities granted in regard to leases, hire purchase agreements, chattel mortgages, floating and fixed charges, and to consignments of agreements and goods that incorporate title retention among others. Another major feature of the PPS Act reform is perfection to prioritize security interests over other related security interests through control, possession, and registration.[16] For instance, contracts negotiability and assignability of contracts have been changed and made more effective. The concept of security interest has been broadened to the extent of including traditional securities such as mortgages and charges.[17] which will allow the borrowers to be in a position to get funds. The
One of the formal components of an enforceable contract is consideration. Lush J defined consideration as: ‘...may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility, given suffered or undertaken by the other.’ The definition provides guideline to decide the existence of a consideration. While consideration is necessary for an agreement to be enforceable. The development of equity court has allowed promises to be enforced even without consideration. This essay contends that under certain circumstances like promissory estoppel, a promise can be enforced even without support of consideration. The essay considers the development of the doctrine of promissory estoppel by looking at how the courts have applied the principle in cases。As such application practically manifests the role of judicial discretion which might undermine provision of certainty and predictability of common law rules in contractual disputes. We will discuss the role of judicial discretion and then conclude by considering the status of certainty and predictability in the law.
C/D = 0.1; T/D = 2; ER/D = 0.2, [pic], [pic], MB = 1000. Compute the money multiplier, the money supply, the level of currency and checkable deposits, the level of time deposits and excess reserves, and the level of total reserves and required reserves. Use the model of money supply determination discussed in class. Show your work.
Torrens title is a statutory scheme that was introduced by the Real Property Act 1900 (NSW) and consequently abolished the problems inherent in the Old System title. One of driving forces behind the change was due to the uncertainty and cost instigated by a land transfer system, which solely relied on a chain of title deeds. This new system represented a dichotomy between registered and unregistered interests, and according to section 31B of the Real Property Act 1900 (NSW), the Registrar is now an integral part of the Torrens title. The Torrens system means that an individual will only need to construct a certificate of title for evidence of ownership, compared to producing an abundant of deeds. Therefore, when addressing the hypothetical problem question and dealing with multiple interests to the property, it is vital to consider the nature of the parties claims. This essay will address the issues raised by the hypothetical problem, by addressing the nature of the contracts of sale of land, indefeasible titles and the exceptions to such titles, priorities of interests, caveats and remedies available for mortgagees. Ultimately, we will be unraveling whose interests are prioritized over the property and the remedies available to those that have been negatively impacted by their interest over the property.
This document is part of a LexisNexis suite of Banking and Finance Law precedents prepared with the assistance of Specialist Editors Geoff Geha Partner, Clayton Utz and Karen Lee, Principal & Consultant, Legal Know-How.
The Bank of the United States is a symbol of the long held American fear of centralization and government control. The bank was an attempt to bring some stability and control and was successful at doing this. However, both times the bank was chartered, forces within the economy ultimately destroyed it. The fear of centralization and control was ultimately detrimental to the U.S. economy.
The article reports on a case, whereby the regulatory body of Financial Services (ASIC) has imposed additional conditions on the Australian financial services (AFS) license of Macquarie Bank Limited (Macquarie). The many areas of law that have been touched upon include:
Bank of America is an amazing bank. In 2002, my family decided to move to Virginia Beach. Since I was 10yrs old, I have banked with Bank of America ever since. The personnel at Bank of America are amazing! Every time I walk in, they greet me by my name and knows my family. In particularly, Bank of America helps me watch my credit cards and bank accounts. A couple of weeks ago, someone tried to use one of my credit cards. I had not realized anything until I received a new card with a different account number. So, I decided to call the company and they explained everything. Overall, I felt safe and secured that my credit card has protection, including my personal information and my accounts. In conclusion, its amazing how Bank of America has
Date: May 2011 Disclaimer This publication has been prepared as a general overview of the Banking Industry in Australia and does not constitute and is not intended to constitute financial product advice as defined under the Corporations Act 2001 (Cwth). Nothing in this document should be construed as a recommendation or statement of opinion intended to influence a person in making an investment decision. The information is made available on the strict understanding that the Australian Trade Commission (Austrade) is not providing professional advice. While all care has been taken in the preparation of this publication, Austrade expressly denies liability for any loss or damage of any nature (including but
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The National Bank of Greece, Deutsche Bank, and YF Securities all provided different offers for the purchase of major or controlling interests in Finansbank Turkish operations, which they derived using different valuation methodologies. A comparison of these valuation methodologies, insofar as they can be ascertained from published literature and other sources, provides an understanding of the appropriateness and influence of different financial considerations on overall valuations as seen from varying perspectives. A comparison of the three methodologies employed by the three competing institutions is provided in the following paragraphs.
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A strong banking sector is very important for developing economy. One of the most important functions of banking is lending money. It is generally encouraged because it has the effect of funds being transferred to productive use, it helps in growing economy. As there are pros and cons of everything, the same is in lending money that carries credit risk, which arises from the failure of borrower to fulfill its contractual obligation. The failure of the banking sector has an adverse impact on other sectors. Non-performing loans are the major problem in banks. NPLs reflect the performances of banks. The issue of non-performing assets has been discussed at length for financial system all over the world. The problem of
We observe very large and rapid declines in the policy rate (the very short rate) in late 2008 and early 2009. Considering the US, the UK, and Japan, did long rates fall as much around that time or less or more?