• Contact
  • Feedback
Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now
  • News
  • Topics
    • All Topics
    • Briefs
    • Major Banks
    • Authorised deposit-taking institutions
    • Insurance, funds and super
    • Payments, mobile & wallets
    • Consumer lending
    • Mortgages
    • Business lending
    • Finance regulation
    • Debt capital markets
    • Ratings agencies
    • Equity capital markets
    • Professional services
    • Work & career
    • Foreign news
    • Other topics
  • Free Trial
  • Subscribe
  • Resources
    • Industry events
  • About us
    • About Banking Day
    • Advertise
    • Feedback
    • Contact Banking Day
  • Search
  • Login
  • My account
    • Account settings
    • User Admin
    • Logout

Login or request a free trial

Lessons for all lenders in ASIC's low doc review

30 September 2014 3:06PM
A review of the lending practices of low doc lenders issued by the Australian Securities and Investments Commission last week includes a number of important findings applying to responsible lending generally, according to Gadens Lawyers."ASIC expects a fairly detailed consideration of the borrower's requirements and objectives," Gadens partner Jon Denovan said in a note to clients. Denovan said identifying a borrower's requirements and objectives sounded simple but was still a problematic area of law, four years after the responsible lending rules took effect. "Lenders need to understand the purpose of the credit and then determine whether the type, length, rate, terms, special conditions, charges and other aspects of the proposed credit match the purpose," he said.Gadens' advice, based on ASIC's low doc report, is that the following steps can be taken to improve compliance:•    When relying on information from third parties, ensure that their collection procedures are robust and that inconsistencies are explored.•    Create records describing what steps are taken to conduct assessments.•    Be cautious of accountants' statements, especially where the relationship between borrower and accountant has only existed for a short time.•    Do not rely on indexes or ratios alone to assess household living expenses. Make reasonable inquiries abut a borrower's situation.•    Obtain both a consumer and commercial credit check (where available).•    Incorporate buffers into calculations to adjust for potential changes to financial circumstances.•    Clearly document responsible lending procedures that deal with unsatisfactory situations.

I'm a returning subscriber

*
Password reset *
Login

Request a free trial

  • Emailing you the news at 7am.
  • Covering core lending and funding issues, strategy, payments, regulation, risk management, IT, marketing and more.
  • Original news and summaries of major stories from other media – ditch your newspaper subscriptions.
  • Focused on banking and finance, saving you the time spent wading through newspapers and other services.
  • With reporting from former editors and senior writers from the AFR and The Australian.
  • Configured for your phone, laptop and PC.
Free trial Banking Day
ConfidentiallySpeaking.com.au Logo
High-impact negotiation masterclass | July 9 & 16, 2025 | 5:00pm - 8:30pm
This high-impact negotiation masterclass teaches practical strategies to help you succeed in challenging negotiations.
Register Now

Consumer lending

  • Latitude, Harvey Norman liable for interest free GO card con

Copyright © WorkDay Media 2003-2025.

Banking Day is a WorkDay Media publication

WorkDay Media Unit Trust

  • Privacy policy
  • Terms of access and use