Banking and finance disputes

Banking law is a niche area of the law which governs the conduct of those within the banking industry. Banks usually have a contractual relationship with their customers, but in addition to this, will usually not be able to contract out of their legal obligations. Our lawyers can advise you about banking legislation and review any contracts that are relevant to your banking issues. 

Our lawyers are particularly experienced with disputes against banks, which can be frustrating. The most common banking disputes revolve around mortgages. A mortgage will usually be for a personal purpose (for example to purchase a property that is to be a place of residence) or for some business or commercial purpose. Mortgage documents are often confusing. Our banking and financial services lawyers will be able to advise the client on the terms and conditions of the mortgage document, so that the person is aware of the avenues that are open to the lender, when the lender claims any of its rights pursuant to terms and conditions set out in the document. 

Mortgage and banking disputes may also include other areas of law such as professional negligence, contractual interpretation, unconscionability, as well as misleading or deceptive conduct, in financial services. 

We can assist clients with banking and mortgage disputes that are usually heard before the Supreme Court of New South Wales. These disputes are often protracted and involve multiple complex issues, including determinations as to whether the lender has taken appropriate (or of course inappropriate) action in the proceedings, to that point.  In addition, we can advise on whether a Defendant has a defence (and in some cases even also a cross-claim) to any Supreme Court proceedings, seeking monetary orders or orders for possession of the property.  

Our team of commercial litigation lawyers can also assist professionals in the financial services industry by providing legal advice about specific laws that may be required, in order to obtain licences to work as a financial services professional (such as an Australian Credit License or an Australian Financial Services License). In circumstances where you are experiencing difficulty in obtaining a relevant financial services license from ASIC, we are able to assist with representation in our ASIC communications as well as handle any disputes that arise from this. 

If you are having a dispute with a bank about your products, or a dispute with a bank or lender relating to your home loan and/or mortgage, we can assist.  Please contact us to discuss, as soon as possible.