Felix Hu

Responsible lending obligations are a central aspect of the regulation of consumer credit under the National Consumer Credit Protection Act 2009 (Cth) (NCCP Act). While responsible lending is subject to regulatory guidance from ASIC and a reference guide from AFCA, there have been limited instances where the provisions have been carefully assessed by the Courts.

The HSF Financial Services Regulatory team is pleased to have advised the Australian Financial Markets Association (AFMA) in obtaining welcome relief from ASIC in relation to the unfair contracts terms regime under the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), which was recently expanded with effect from 9 November 2023. ASIC has adopted a no-action position as set out in its No-Action Letter.