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April 7, 2009

Financial Ombudsman Service outlines policy on parallel proceedings

The Ombudsman's Banking & Finance – Bulletin 61 outlines the Ombudsman's position on some useful practical issues including when financial service providers must respond to requests for information from third parties and chargeback case studies.

Of particular interest is the Ombudsman's policy regarding legal proceedings running parallel to the complaints process:

Once a dispute has been lodged with our office, the financial services provider should not commence legal proceedings against its customer in respect of the same subject matter.

As a member of FOS, the member consents to FOS being the forum for consideration of a matter brought by its customer that falls within the FOS Terms of Reference.

If proceedings are commenced by a financial services provider after FOS has received a dispute, the financial services provider must discontinue the proceedings at its own cost.

If proceedings are issued by the financial services provider after the dispute is received by FOS and before we have informed the financial services provider that we have received the dispute, the issue of whether this is at the cost of the financial services provider will be considered on a case by case basis.

UPDATE: Customers in Financial Difficulty (factsheet)

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Posted 7th April 2009 by David Jacobson in Legal

Financial Stability Forum Principles for Sound Compensation Practices

The Financial Stability Forum has issued Principles for Sound Compensation Practices.

The Principles require compensation practices in the financial industry to align employees’ incentives with the long-term profitability of the firm. The Principles call for effective governance of compensation, and for compensation to be adjusted for all types of risk, to be symmetric with risk outcomes, and to be sensitive to the time horizon of risks. Implementation by firms will be reinforced through supervisory examinations at the national level .

It is expected that APRA will take the Principles into account in drafting executive remuneration guidelines for ADI's.

 

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Posted 7th April 2009 by David Jacobson in Risk management

April 6, 2009

New award for credit union employees

The Australian Industrial Relations Commission has announced a new award to apply from 1 January 2010 to credit union employees: Banking, Finance and Insurance Award 2010

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Posted 6th April 2009 by David Jacobson in Legal

April 5, 2009

The fence at the top of the cliff

A lot of the work I (and my Langes colleagues) do is preventative and proactive, trying to ensure clients don’t get into trouble.

An excellent metaphor for this is would you rather have a fence at the top of
the cliff or a great ambulance service at the bottom?(Credit: Richard Susskind, The End of Lawyers?)

Of course, we
provide a great ambulance service but we pride ourselves on our great behind the scenes, stay out of trouble advice.

We’re looking at different ways of providing value to our clients so expect some announcements soon.

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Posted 5th April 2009 by David Jacobson in Risk management

April 3, 2009

Mutuals Mergers Forum 30 April

The Mutuals Merger Forum will be held on 30 April in Sydney.

Whilst we will be discussing legal matters, we'll make them relevant by incorporating them into discussions about merger strategic and planning issues. Our goal is to make the event really useful with ideas and information for you to take back to your Board.

Plan to attend with at least three questions you want answered.  Don't leave until they have been.

Langes 2009 Mergers Forum Registration Form

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Posted 3rd April 2009 by David Jacobson in Mutuals
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