• Unfair contract terms under s12BG (1) ASIC Act 2001 (Cth)
• Factors relevant in determining why something is seen an unfair
• When might contract terms be considered unfair
• Key clauses to consider:
  • Indemnity clauses
  • Event of default clauses
  • Unilateral variation or termination clauses
  • Conclusive evidence clauses
• Remedies for a finding of unfair term
• Implications on banking practice – checking standard form contracts
• Case update, including ASIC v Bendigo and Adelaide Bank Ltd [2020] FCA 716

Toby Blyth, Partner, Colin Biggers & Paisley, Sydney

Toby Blyth is a partner at Colin Biggers & Paisley and regularly advises clients on compliance, regulator interaction, and insurance.

He works closely with the Risk and Compliance Committee of an APRA regulated institution and for many years was a member of the disputes panel of a large private organisation.

He is known in the market for fast, no-nonsense, cost-effective advice and tactical skill.

Toby was admitted as a Fellow of the Australian and New Zealand Institute of Insurance and Finance in 2000, and is admitted to the Supreme Courts of New South Wales and England and Wales, and the Federal and High Courts of Australia.

This webinar is suitable for banking and finance lawyers – Australia wide. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Lawyers can claim up to 1 CPD unit/point – substantive law.  This webinar has been designed to run for 1 hour.

WA lawyers – From 1/4/2021, due to changes to your CPD requirements we are unable to verify your completion of recorded webinars to the Legal Practice Board of WA.