BFCSA Blog

I had been trying to find a copy of the Uniform Consumer Credit Code (UCCC) which was the Credit Code (Legislation) in effect before the current National Consumer Credit Protection Act (2009) (NCCP) I couldn't find it anywhere on comlaw or AUSTLii under repealed Commonwealth Legislation and was starting to think 'This legislation is an enigma!'. FYI - Any 'loans' / credit applied for before April 2010 was under the UCCC. Upon Denise's suggestion (thank you for that) I contacted the Consumer Credit Legal Service (CCLWA) and was advised by CCLWA that the UCCC federal legislation was based up on the Queensland Consumer Credit Code - Appendix to the Consumer Credit (Queensland) Act 1994 - now repealed. No wonder I couldn't find it!! The UCCC is the legislation under which the states and territories previously regulated consumer credit. From 1 July 2010, the UCCC was replaced by the National Credit Code...

Many of you have probably heard on this forum that 'nobody can profit from a fraud', but where did that concept originate from? Clearly, it makes common sense when you hear it but did you realise that it is a legal maxim dating back to Roman Law that was later incorporated into English Common Law and still prevails today, in the shift to a greater level of statutory law? The original Roman legal maxim was as follows: Ex turpi causa non oritur actio = "from a dishonorable cause an action does not arise" is a legal doctrine which states that a claimant will be unable to pursue a cause of action if it arises in connection with his own illegal act. Particularly relevant in the law of contract, tort and trusts,[1] ex turpi causa is also known as the "illegality defence", since a defendant may plead that even though, for instance, he broke...

Hi All, We've been involved in a foreclosure matter for some time now that has been brought against us by GEL Custodians (rights assigned to Pepper Australia). In the process of researching our defense some months ago, we came across this excellent Youtube channel belonging to US (NY) lawyer, Carl Person. While Mr Person's information is based upon US and particularly NY law, there are many similarities and very interesting strategies that are discussed that we think could potentially be adapted with a little effort to work here in Australia. I do not mean in any way for this post or the related information provided by Mr Carl Person on Youtube to be considered to be 'legal advice' of any form; this information is provided simply for educational purposes with a view to providing some strategies that may not have been previously considered by people facing foreclosure in Australia. Any information...