Andrea Beatty

Andrea Beatty

K&L Gates LLP

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ANZ Wins Appeal – Late Payment Fees Held to be Enforceable

In a significant decision in Paciocco v ANZ [2015] FCAFC 50 (Paciocco), the Full Court of the Federal Court of Australia (Full Court) has upheld an appeal by ANZ Bank (ANZ) and overturned a 2014 Federal Court of Australia...more

4/17/2015 - Appeals Australia Consumer Financial Contracts Consumer Lenders Credit Cards Late Fees

Good News for Commercial Credit Providers – EDR Exemption to Continue

The Attorney- General's Department has announced that the exemption for commercial credit providers (CCPs) from the external dispute resolution (EDR) membership obligation should continue indefinitely. As advised in our Legal...more

2/26/2015 - CCPs Commercial Loans Dispute Resolution Exemptions Finance Lenders

Attention Commercial Credit Providers – Deadline Looms and Uncertainty on EDR

Commercial credit providers (CCPs) may be required, by the current Australian privacy laws, to join an external dispute resolution (EDR) scheme (EDR scheme) by 12 March 2015 if they wish to continue participating in credit...more

2/19/2015 - Australia Commercial Loans Credit Reporting Agencies Dispute Resolution

Treasury Releases Discussion Paper on Crowd-Sourced Equity Funding

On 8 December 2014, the Australian Government Treasury (Government) released a Discussion Paper on crowd-sourced equity funding (crowdfunding). Crowdfunding is an emerging global funding approach that allows smaller...more

12/29/2014 - Australia Crowdsourcing Entrepreneurs Equity Financing Popular Small Business

Credit Law Regulatory Update – The Year in Review and What's Next?

This legal insight summarises many key points made at the 24th Annual Credit Law Conference (Conference) held on 1-3 October 2014 and attended by over 200 delegates from the financial services industry. The Conference...more

11/10/2014 - Australia Banks Financial Regulatory Reform

CAMAC's Report on Equity Crowdfunding

Does it Pave the Way to Bridge the Capital Gap for Start-Ups and Small Scale Enterprises in Australia? The Corporations and Markets Advisory Committee (CAMAC) released its report on crowd sourced equity funding (CSEF)...more

6/19/2014 - Australia CAMAC Crowdfunding Crowdsourcing Equity Financing Startups

New Privacy Regulations Exempt Commercial Credit Providers From EDR

Commercial credit providers and utilities are not required to join a recognised external dispute resolution scheme to participate in credit reporting until 12 March 2015. ...more

3/7/2014 - Australia Lenders Privacy Laws

ASIC Investigates Conduct of Property Developers for Extending Payment Terms

Sometimes a property developer will allow the purchaser to settle without receiving the full balance of the purchase price because the purchaser is unable to obtain adequate financing to complete a settlement. The shortfall...more

12/18/2013 - ASIC Australia Extensions Land Developers Settlement

Credit Law Regulatory Update – The Year in Review and What’s Next

The 23rd Annual Credit Law Conference was held on 2 October – 4 October 2013 and attended by over 200 delegates from the financial services industry. The Conference provided an informative overview of key changes that will...more

11/14/2013 - Australia Dispute Resolution Financial Regulatory Reform

OAIC Releases Guidelines on Cross Border Disclosure and Direct Marketing

The Office of the Australian Information Commissioner (OAIC) has released further draft Australian Privacy Principles (APP) Guidelines (draft Guidelines) for public consultation. The draft Guidelines outline how the OAIC will...more

9/30/2013 - Australia Cross-Border Disclosure Requirements Marketing

Crowdsourced Equity Funding in Australia

The potential for crowdsourced equity funding (CSEF) in Australia is not yet clear. CSEF refers to arrangements through which a business (the issuer) seeks to raise capital, particularly early-stage funding, by offering small...more

9/25/2013 - Australia Crowdfunding Crowdsourcing Funding

Financial Services Under a New Liberal Government

What can the Financial Services Sector Expect from the New Federal Government? "Son of Wallis" Inquiry - The incoming Coalition government has committed to conducting a comprehensive "root and branch" inquiry...more

9/13/2013 - Australia FOFA Reforms Superannuation

OAIC Releases New Guidance on Australian Privacy Principles

The Office of Australian Information Commissioner (OAIC) has released the draft Australian Privacy Principles (APPs) Guidelines for public consultation. The guidelines outline how the OAIC will interpret and apply the APPs....more

8/28/2013 - Australia Consent Data Collection Personally Identifiable Information Privacy Laws Websites

Mandatory Data Breach Reporting Bill Introduced Into Parliament

The Privacy Amendment (Privacy Alerts) Bill 2013 was introduced into Parliament on 29 May 2013. Having been recommended by the Senate Committee report tabled on 24 June, it appears that Parliament intends to pass the Bill...more

6/27/2013 - Data Breach Data Protection EU Personally Identifiable Information Proposed Legislation Reporting Requirements

Mandatory Notification a Step Closer to Reality for Serious Privacy Breaches

On 2 May 2013, the Australian Government released, to a limited number of key stakeholders, a confidential Exposure Draft Bill for an Australian mandatory data breach notification scheme. This is the strongest indication yet...more

5/28/2013 - Data Breach Data Protection Notice Requirements Personally Identifiable Information

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