Australian Broker magazine Issue 9.09

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ISSUE 9.09 May 2012

New ‘unfair’ liability as NCCP enhanced

Jon Denovan

 Fringe lending

markets face fresh exodus as brokers shoulder full liability for conduct New slated amendments to NCCP legislation run the risk of putting brokers off non-conforming lending at a time when their attitude to the market was thawing. The government released proposed amendments to the NCCP in April, including one that

would change the way courts address unfair or dishonest conduct by finance brokers. Jon Denovan of Gadens Lawyers said that under previous legislation, courts could potentially make decisions impacting the terms of a lender’s loan contract. However, under the proposed legislation financial redress for unfair behaviour is to fall upon brokers, said Denovan. While this may be good news for lenders, the move could put brokers in a difficult position particularly in the area of non-conforming borrowers.

Denovan claimed definition of ‘unfair or dishonest conduct’ could be too broad, putting brokers off what could be considered more risky lending in specialist areas. “The difficulty is the uncertainty of it all,” he said. “There’s already stories of brokers refusing to do anything other than prime lending because they’re afraid about the licensing impact. You have people like Pepper and Resimac doing roadshows to say that’s the wrong interpretation of the law, and even the Assistant Treasurer has come out to say that it’s too rigid,” he said. A relapse into broker reticence towards specialist lending may see many borrowers unnecessarily locked out of the market. “This could be just another reason for brokers to find an excuse to refuse service to those who need it the most. They’re the ones who most need brokers.” Denovan slammed the new amendments. “It’s what’s been expected to come along for some time, but that doesn’t mean it’s good. There should be no more regulation, because we’ve got to let the dust settle and let people understand where we’re up to,” he said. “It’s a very big piece of legislation, and lawyers are going to read it in different ways. Small businesses have no bloody chance of understanding it,” he added. The Treasury released its proposed ‘NCCP Enhancements Bill’ in April and industry was invited to provide submissions before 7 May.

Commission vigil Close watch kept as FoFA broker threat looms Page 2

Whiter labels Advantedge tips product tweaks to support sales Page 6

Hard times WA broker laments state’s foreclosure spike Page 10

Inside this issue Forum 19 Brokers on commission bans Opinion 20 New times call for new words Feature 22 Business building via BNI Insight 24 The keys to cross-selling Market talk 26 The suburbs set to crash People 28 BDM icon leaves industry Caught on camera 29 Vow brokers converge in Sydney


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Australian Broker magazine Issue 9.09 by Key Media - Issuu