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23rd annual credit law conference agenda

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The 2013 Credit Law conference agenda will offer key insights from the regulators; thought-provoking sessions from industry leaders; and updates on all the regulatory changes impacting the sector. For …

The 2013 Credit Law conference agenda will offer key insights from the regulators; thought-provoking sessions from industry leaders; and updates on all the regulatory changes impacting the sector. For more information, please visit the conference website: www.informalegal.com.au

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  • 1. 23rd Annual Credit Law Conference 2-4 October, 2013, Surfers Paradise Marriott Resort and Spa DAY ONE - Wednesday 2nd October 2013 PRE CONFERENCE WORKSHOPS 9.00 Workshop registration 9.30 WORKSHOP A - Privacy: putting the new Act into action  Practical issues in the application of the reforms - eg changes organisations have had to make around marketing and offshoring practices  Real life scenarios and case studies - showing how to apply the Australian Privacy Principles in light of common lender/customer scenarios  Recent regulator guidance - What the Privacy Commissioner released in 2013 in relation to privacy compliance Cameron Ball and Sue Ann Ho, Lawyers, Product and Distribution, Westpac Group 11.00 Morning tea 11.15 WORKSHOP B - Responsible lending  ASIC’s reviews, reports and compliance activity to date  Requirements and objectives - the importance of revealing consumer preferences  Identifying and addressing inconsistent financial information  Who’s responsible? interactions between brokers, lenders, licensees, credit reps and point of sale operators  Low Docs - not a special case Chris Green, Acting Senior Executive Leader - Deposit Takers, Credit and Insurers, ASIC Alistair Morton, Analyst, ASIC 12.45 Networking lunch for workshop speakers and delegates
  • 2. 23rd Annual Credit Law Conference 2-4 October, 2013, Surfers Paradise Marriott Resort and Spa DAY ONE - Wednesday 2nd October 2013 1.30 Opening remarks from the chair - Andrea Beatty, Partner, K&L Gates 1.45 Annual regulatory update of Australian credit law  The year in review and what’s new for credit  Preparing for the Phase 2 of credit reforms  Looking forward to credit reporting and privacy law changes  Learning from past mistakes – ASIC enforcement and court decisions  Responding to possible breaches in the new environment  The impact of payment system reforms  Resourcing credit compliance – the business case Andrea Beatty, Partner, K&L Gates 2.45 ASIC: Key issues report  Significant work from 2013 including an update on responsible lending  ASIC compliance and enforcement work  ASIC’s approach to advertising  Key focuses for 2014 Chris Green, Acting Senior Executive Leader - Deposit Takers, Credit and Insurers, ASIC 3.30 Afternoon tea 3.45 NCCP Enhancement Act – hardship changes  Practical applications on the provisions around hardship and default post March 2014  Update on the hardship provisions ensuring compliance  Ensuring no unintended consequences with the consumer being placed in a ‘worse off’ situation  Until what point during legal proceedings will FOS get involved and why? Philip Field, Lead Ombudsman, Banking & Finance, Financial Ombudsman Service 4.15 PANEL DISCUSSION - Hardship Facilitator: Campbell Hudson, Partner, Gadens Philip Field, Lead Ombudsman, Banking & Finance, Financial Ombudsman Service Raj Venga, Ombudsman & CEO, Credit Ombudsman Service Limited Tim Gough, Acting Senior Executive Leader - Deposit Takers, Credit and Insurers, ASIC Peter Miller, Collections Manager, ING Direct Marco Köhne, Head of Customer Management & Collections Enablement, ANZ 5.00 Close of day one and welcome drinks
  • 3. 23rd Annual Credit Law Conference 2-4 October, 2013, Surfers Paradise Marriott Resort and Spa DAY TWO - Thursday 3 October 2013 8.30 Conference registration 9.00 Welcome from the Chair - Jon Denovan, Senior Partner - Banking and Finance, Gadens 9.05 Privacy Reform  Regarding both the new Australian Privacy Principles and the new Comprehensive Credit Reporting provisions  Separating the compliance obligations for each aspect of Privacy Reform, and discuss where they intersect  The development of the Credit Code and the Industry Code under the Privacy Act Dianne Beer, Special Counsel, Herbert Geer 9.45 The new credit reporting code of conduct  What should financial institutions be focussing on to make sure they are getting it right?  Course of redress for consumers to correct a bad credit rating. Onus of proof back on the lender  Impacts of data collection changes as of March 2014  Are financial intuitions already collecting data in relation to customer’s defaults? Olga Ganopolsky, General Counsel, Veda 10.15 Morning tea 10.30 DISCUSSION PANEL- The new credit reporting code of conduct This session tackles the biggest issue in credit law today. With audience participation a must, this discussion opens up the debate and addresses the needs and concerns from both sides of the fence and promises to be controversial. Facilitator: Olga Ganopolsky, General Counsel, Veda Michael Saadat, Director, Head of Consumer Compliance, Citibank Stacey Hester, Head Of Legal, Bank of Queensland Matt Gijselman, Head of Public Affairs, ARCA Catherine Uhr, Senior Solicitor/Consumer Advocate Civil Justice (Consumer Protection), Legal Aid QLD Cameron Ball, Counsel, Product and Distribution Legal Team, Counsel and Secretariat, Westpac Group 11.30 The convergence of credit and financial services: the emergence of the one-stop shop  Is convergence the inevitable?  The key obstacles to ‘one stop shop’  The Yellow Brick Road experience  What do consumers really want? Mark Bouris, Executive Chairman, Yellow Brick Road Wealth Management 12.15 Networking lunch
  • 4. 1.15 The convergence of credit and financial services: the emergence of the one-stop shop This session examines recent cases and sets out what, and what not to do with complaints. This paper provides practical and salient tips to better equip lenders and hopefully avoid time-wasting procedures and drawn out litigation. Raj Venga, Ombudsman & CEO, Credit Ombudsman Service Limited Philip Field, Lead Ombudsman, Banking & Finance, Financial Ombudsman Service 2.00 Developments in the payments industry This session explores new product innovations and developments and other issues in the payments industry  Near field communication technology  Peer to peer payments  Merchant payments  Merchant surcharging  Emerging gateway providers  VOI Andrew Galvin, Partner, HWL Ebsworth Michael Anastas, Partner, HWL Ebsworth James Moore, Partner, HWL Ebsworth 2.45 CASE STUDY - Mortgage enforcement  Stay applications – relevant factors in recent cases  Unfair contract defences – trends in recent cases  Proportionate liability – impact on enforcement and related claims Rod Cameron, Partner, Hicksons 3.30 Afternoon tea 3.45 DISCUSSION PANEL Point of Sale – Alternative to licensing  POS current exemption and proposals  Motor vehicle finance issues  Retailers issues  Conflicts of interest  Sale of insurance, warranties etc  Interest free and low interest rate offers Facilitator: Jon Denovan, Senior Partner - Banking and Finance, Gadens Jane Elliston, Senior Manager - Credit at ASIC Daniel Tirado, Corporate Solicitor, Toyota Finance Australia Limited Suanne Russell, Senior Lawyer, Product and Distribution Legal Team, Legal & Secretariat, Westpac 5.00 Close of day two 6.00 Coach transfer to Dreamworld for the Gala dinner Sponsored by
  • 5. 23rd Annual Credit Law Conference 2-4 October, 2013, Surfers Paradise Marriott Resort and Spa DAY THREE - Friday 4 October 2013 8.30 Conference registration 9.00 Welcome from the Chair Helen Gordon, Regional Director and Corporate Lawyer, Australian Finance Conference 9.15 KEYNOTE ADDRESS - Focus interview Jon Denovan, Senior Partner- banking and Finance, Gadens talks to Irene Sim, General Manager - Retail Investor Division, Australian Treasury. A look back at the National Credit Reforms over the last 5 years, including discussion of the key considerations in Treasury’s thinking in developing policy. The future agenda for reform will also be covered. 9.45 National Electronic Conveyancing Lodgement platform  When will it be a nationalised system?  Dealing with a fragmented approach by the states  A winner for the banks, but also for conveyancing lawyers  Managing the paper based alongside the electronic based  An update on the phase 1 release. How is it going? John Zak, Executive General Manager - Marketing, NECDL (National Electronic Conveyancing Development Limited) 10.30 Morning tea 10.45 PANEL DISCUSSION - Hot topics in credit law  Why do the two EDR schemes have different rules, and is there a difference between the two schemes?  Should they be streamlined?  Are we living in a nanny state?  White labelling Facilitator: Helen Gordon, Regional Director and Corporate Lawyer, Australian Finance Conference John Williams, General Counsel, Pepper Homeloans Tim Gough, Acting Senior Executive Leader - Deposit Takers, Credit and Insurers, ASIC Philip Field, Lead Ombudsman, Banking & Finance, Financial Ombudsman Service Raj Venga, Ombudsman & CEO, Credit Ombudsman Service Limited
  • 6. 11.30 Equipment financing  Hire purchase: • Leases • Consumer leases • Chattel mortgages  Regulated to unregulated products  Financing trends  Termination provisions, ASIC focus and common customer complaints Suanne Russell, Senior Lawyer, Product and Distribution Legal Team, Legal & Secretariat, Westpac 12.15 Lunch 1.15 Distribution channels and risk  Referrers  Introducers  Brokers  Mortgage managers  Managing conflicts of interest  Servicers  The difference between mortgage manager and broker models  Regulatory impacts on mortgage manager and broker models  The Tonto Home Loans case  Credit representative monitoring guidelines Jon Denovan, Senior Partner - Banking and Finance, Gadens Philip Haultain, Head of Legal, Advantedge Financial Services 2.15 PANEL DISCUSSION - This closing session summarises the topics thus far and tackles a few new ones as well  On line lending and broking  Customer identification in an on line environment  Who needs a licence for what? Facilitator: Helen Gordon, Regional Director and Corporate Lawyer, Australian Finance Conference Chris Green, Acting Senior Executive Leader - Deposit Takers, Credit and Insurers, ASIC Philip Haultain, Head of Legal, Advantedge Financial Service Amy Ciolek, Senior Associate, Gadens 3.15 Closing comments from the Chair and close of conference