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Full-Text Articles in Law
Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore
Responsible Lending Compliance: A “Common Sense” Approach, Francina Cantatore
Francina Cantatore
In the wake of the July 2013 Enhancements to the National Consumer Credit Protection Act it has been necessary for credit providers to review and update their responsible lending processes. A year later, it is timely to assess whether enough has been done, and to consider if lenders are compliant. Inevitably, some grey areas exist under the new law which lenders need to deal with, and this paper will address some of those issues. Responsible lending is not a new phenomenon. It has been in place for consumer credit loans for some time; however, the recent enhancements required a revision …
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor
Model No More: Querulent Behaviour, Vexatious Litigants And The Vexatious Proceedings Act 2005 (Qld), Narelle Bedford, Monica Taylor
Narelle Bedford
This article examines the history and development of vexatious proceedings legislation in Queensland. It undertakes a case study of declared vexatious litigants and analyses the effectiveness of a legislative response. In light of recent national and international reforms, this article argues that the current legislative approach to dealing with vexatious proceedings in Queensland is no longer model and requires reformulation. It asserts that a system of graduated litigation limitation orders would provide for a more nuanced response to the issue of vexatious and querulous behaviour. The article concludes by emphasising the value of a multidimensional approach which includes practical, early …