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February 13, 2009

Breaking a Fixed Rate Loan

The Banking & Finance Ombudsman has issued a Fact Sheet on Breaking a Fixed Rate Loan.


Whilst the Ombudsman will not review a lender’s decision to charge fees for its services or to recover costs, it will review whether the fees have been properly imposed.

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Posted 13th February 2009 by David Jacobson in Legal

Consumer Credit Code hardship threshold reduced

The new threshold is $315,480 (down from $333,630). The next change will be on 11 March 2009.

Further information is available at Hardship Threshold.

UPDATE: CBA mortgage relief for Victorian bushfire victims

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Posted 13th February 2009 by David Jacobson in Legal

February 12, 2009

Is your use of a celebrity’s name in a proposed trade mark confusing?

Proposed trade marks often refer to celebrities or well known products.


In Elvis Presley Enterprises Inc v Elvis Jelcic [2008] ATMO 103 the estate of Elvis Presley was unsuccessful in its opposition to registration of “ElvisFINANCE” as a trade mark under Section 43 of the Trade Marks Act.


 The opponent contended that the name “Elvis” is exclusively associated with the late Elvis Presley, such that the use of the name in the applicant’s trade mark will inevitably carry the clear connotation that the applicant’s financial services have earned the endorsement or support of Elvis Presley and connotation of endorsement by the opponent. It argued that the presence of the word “Elvis” in the trade mark would be likely to confuse or deceive.


There was no evidence Elvis Presley was involved in financial services. “Elvis” was the given name of the applicant.


It is established law that merely invoking a reference to a deceased celebrity cannot deceive or confuse.


In this case, the use only of the name “Elvis” next to the word “FINANCE” was not enough to cause a likelihood of deception or confusion. If the applicant had embellished the mark with anything that would suggest Mr Presley, such as guitars, the word “King”, white jump suits, or similar, then the result may have been different.

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Posted 12th February 2009 by David Jacobson in Legal

February 11, 2009

Fee disclosure

Financial institution transaction fees continue to be a sensitive issue for consumers.

A recent article from the US Consumerist complains about overdraft fees, ATM fees and minimum balance fees.

The answer? Perhaps make disclosure a virtue: offer tips on how to reduce fees at the same time as disclosing them.

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Posted 11th February 2009 by David Jacobson in Legal

February 9, 2009

Credit Union Victorian Bushfire Emergency Relief

The Credit Union Foundation Australia (CUFA) has set up a tax deductible Bushfire Relief Fund for people affected by the bushfires (ABC News). Funds collected will be provided to the Red Cross.

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Posted 9th February 2009 by David Jacobson in Current Affairs

February 8, 2009

The financial crisis and the future of financial regulation

In a recent speech by Lord Adair Turner, Chairman of the UK Financial Services Authority he set out the causes of the current financial crisis and listed 3 changes which regulators think are essential:

  1. “new approaches to the regulation of the capital adequacy of banks. These have of course been extensively revised by the introduction of Basel 2, which has aimed to achieve greater sensitivity of capital levels to the different risks which banks are running, and there are certainly benefits to the Basel 2 approach on which the future system should build. It is important to realize that the crisis developed under the Basel 1 regime not Basel 2, and that Basel 2 would have addressed some of the problems which led to it – for instance the failure to distinguish between the capital required to support mortgages of different credit quality. But it is also clear that we will need to adjust Basel 2 in a number of ways.  The general direction of travel will be towards higher levels of bank capital than have been required in the past, and in particular capital which moves more appropriately with the economic cycle and more capital required against trading books and the taking of market risk.”
  2. New approaches to the management and regulation of liquidity are equally important. Indeed, we need to ensure that the regulation of liquidity is recognised as being at least as important as capital adequacy…Measuring and limiting liquidity risk is, however, crucial and reforms to regulation need to include both far more effective ways for assessing and limiting the liquidity risks which individual institutions face and a better understanding of market-wide liquidity risks.”
  3. “The third key priority is to ensure that in future financial activities are always regulated according to their economic substance not their legal form. One of the striking features of the years running up to the crisis, as I stressed earlier, was that a core banking function – maturity transformation – was increasingly being performed by institutions which were  not legally banks, but the off balance sheet vehicles of banks, (SIVs and conduits), investment banks and mutual funds. To different degrees in different countries these ‘near banks’ or shadow banks escaped the capital, leverage and liquidity regulation which would apply to banks. In the case of SIVs they also escaped the degree of disclosure and accounting treatment which would have applied if the economic activities were performed on balance sheet.  In future it is essential that if an economic activity is bank-like and poses a significant risk to consumer or financial stability, regulators can extend banking-style regulation. And essential that accounting treatment reflects the economic reality of risks being taken.”

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Posted 8th February 2009 by David Jacobson in Risk management

February 2, 2009

US credit union regulator supports corporate credit unions

The US credit union regulator National Credit Union Administration has launched a Corporate Stabilization Program to provide liquidity and capital support to US corporate credit unions. Corporate credit unions provide wholesale services to member credit unions.

The program includes the issue of a $1 billion capital note to U.S. Central Corporate Federal Credit Union (details here).

The program is outside of the bank assistance Treasury funded package.

Bloomberg report.

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Posted 2nd February 2009 by David Jacobson in Risk management
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