THE CONTRACTUAL EFFECT OF THE CODE OF BANKING PRACTICE NATIONAL AUSTRALIA BANK LTD V ROSE [2016] VSCA 169 (21 July 2016)

  • Author : Anthony Lo Surdo SC FCIArb - 15-08-2016

Snapshot

  • Controversy has raged in the banking industry as to whether the Code of Banking Practice, a voluntary code of conduct to which most banks adhere, has any legal and, in particular, contractual force between a bank and a customer.
  • It has been the subject of at least two Victorian Court of Appeal decisions, the most recent of which has confirmed that the Code does have contractual effect.
  • The decision has obvious ramifications for the manner in which banks will be required to deal with guarantors and other persons to whom provisions of the Code of Banking Practice may apply.

pdf-logo newClick here to download the case note or view the post via Anthony's website http://www.silkmediator.com.au/the-contractual-effect-of-the-code-of-banking-practice/

About the Author

Anthony Lo Surdo SC FCIArb

Recent Posts

Anthony Lo Surdo SC FCIArb reappointed by the International Council of Arbitration for Sport

Anthony Lo Surdo SC FCIArb Date: 16-05-2023

Legal Professional Privilege - The Latest from the High Court of Australia

Anthony Lo Surdo SC FCIArb Date: 20-08-2019

Anthony Lo Surdo SC nominated for Mediator of the Year

Anthony Lo Surdo SC FCIArb Date: 03-08-2017

Is leave required to enforce an equitable charge against a bankrupt?

Anthony Lo Surdo SC FCIArb Date: 26-06-2017

David Kendirijian v Eugene Lepore & Anor [2017] HCA 13

Anthony Lo Surdo SC FCIArb Date: 22-04-2017