Lender Liability 2e

"Lender Liability" is a guide to the potential liabilities facing a lender and the associated risks as well as the responsibilities and rights of lenders and consumers. Providing guidance for both corporate advisory and litigation lawyers in private practice as well as in-house counsel, this book will be the first point of call and the “go to” publication for these advisors on the legal issues surrounding the liability of lenders.

Significantly, the work is not confined to banks – it applies to any institution who lends - so it covers credit unions, pay day lenders, building societies, friendly societies, securitisers etc

 TABLE OF CONTENTS

Chapter 1 – Contours and Theories of Lender Liability

Chapter 2 – Advertising Financial Services

Chapter 3 – Duty of Confidentiality

Chapter 4 – Investment of Financial Services: The General Law

Chapter 5 – Investment and Financial Advice: The Statutory Regimes

Chapter 6 – Formation of the Loan Contract and Collateral Securities

Chapter 7 – Consumer Credit

Chapter 8 – Breach of Loan Commitments

Chapter 9 – Performance Bonds, Standby Letters of Credit and Bank Guarantees

Chapter 10 – Syndicated Loans

Chapter 11 – Mistaken Receipts and Misdirected Funds at Law

Chapter 12 – Misdirected Funds in Equity

Chapter 13 – Fraudulent and Voidable Dispositions

Chapter 14 – Honest Intermeddling

Chapter 15 – Dishonest and Fraudulent Schemes

Chapter 16 – Unlawful Conduct

Chapter 17 – Enforcement of Remedies and Securities

Chapter 18 – Environmental Liabilities

Chapter 19 – Prevention and Cure

AUTHORS

Dr James O’Donovan, BA (QLD) (1969); LLB (Hons) (Qld) 1972; PhD (ANU) (1976) and LLD (Qld) (2004)

Dr James O’Donovan, formerly Professor of Law at the University of Western Australia, a Barrister and Solicitor of the Supreme Courts of Western Australia, Victoria and South Australia and a Solicitor of the Supreme Courts of Queensland and New South Wales. He is a member of the independent bar in Perth. Professor O'Donovan is the author of Company Receivers and Administrators (subscription – looseleaf and online), Lender Liability (English and Australian editions), Modern Contract of Guarantee (subscription – looseleaf and online) , Personal Property Securities Law in Australia (subscription – looseleaf and online).

Dr Vicky Priskich, LLB (UWA) (1993); LLD (Uni Melb) (2002)

Dr Vicky Priskich is currently practising as a barrister at the Victorian Bar. She is also admitted to practise in Western Australia. Her professional experience at the bar is in banking and finance litigation, trusts, insolvency, regulatory and commercial disputes involving energy law, competition and consumer law. Vicky has also lectured in Anti-Money Laundering, Corporate Banking and Finance Law. As well, Vicky has authored a number of articles published in various journals (Journal of Banking and Finance Law, Australian Bar Review and Companies and Securities Law Journal) and her most recent article being on Equitable set-off. Vicky is an accredited advocacy coach and coaches readers in the bar readers course at the Victoria Bar.

"Lender Liability" is a guide to the potential liabilities facing a lender and the associated risks as well as the responsibilities and rights of lenders and consumers. Providing guidance for both corporate advisory and litigation lawyers in private practice as well as in-house counsel, this book will be the first point of call and the “go to” publication for these advisors on the legal issues surrounding the liability of lenders.

Significantly, the work is not confined to banks – it applies to any institution who lends - so it covers credit unions, pay day lenders, building societies, friendly societies, securitisers etc

 TABLE OF CONTENTS

Chapter 1 – Contours and Theories of Lender Liability

Chapter 2 – Advertising Financial Services

Chapter 3 – Duty of Confidentiality

Chapter 4 – Investment of Financial Services: The General Law

Chapter 5 – Investment and Financial Advice: The Statutory Regimes

Chapter 6 – Formation of the Loan Contract and Collateral Securities

Chapter 7 – Consumer Credit

Chapter 8 – Breach of Loan Commitments

Chapter 9 – Performance Bonds, Standby Letters of Credit and Bank Guarantees

Chapter 10...