Beyond COVID-19: Crisis response or road to recovery?
Crisis response or road to recovery?
Hot on the heels of Thursday's announcement regarding changes to Australia’s insolvency laws (see here) Federal Treasurer Josh Frydenberg announced on Friday 25 September a simplification of Australia’s credit framework to encourage the flow of credit to consumers and businesses, with the intention of stimulating economic recovery following the COVID-19 crisis.
The Government will simplify the credit framework by:
Currently, lenders are required to make reasonable inquiries about a borrower’s requirements and objectives and the borrower’s financial situation and to take reasonable steps to verify the borrower’s financial information. This was to ensure lenders did not provide unsuitable loans to consumers. Over the 10 years that the law on RLOs has been in operation, lenders and borrowers alike have been faced with overly prescriptive, complex and onerous processes that create barriers to the flow of credit, thereby affecting credit and economic growth.
In a post COVID-19 recovery mindset, the Government is seeking to remove barriers and facilitate a less restrictive process for obtaining credit.
Other changes include:
The Government has noted that significant changes in other areas of law have collectively strengthened protections for consumers, including:
Arguably, the biggest change will be the shift away from “lender beware” to “borrower responsibility”. This means that lenders will be able to rely on information provided by borrowers without the need to interrogate that information (unless a lender suspects something is amiss). Accountability will rest with the borrower – it is up to the borrower to provide its lender with true and accurate information that supports the borrower’s credit application.
It is intended that the changes will commence from 1 March 2021. Consultation will be undertaken by the Government prior to the finalisation of any legislation.
To learn more about the recent significant reforms to Australia's insolvency framework, join us at our webinar, 'A DIP of the toe into US Chapter 11 waters for Australia', on Tuesday 29 September at 10.00am AEST.
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