New EDR rule for business loans
Lenders in dispute with small business customers whose loans are worth more than A$2 million no longer have to deal with external dispute resolution schemes.Last year, the Australian Securities and Investments Commission reviewed its regulatory guide (RG 139) for EDR schemes. Included in the changes was a rule that from January 1, 2014, the terms of reference of an EDR scheme must exclude small business lending disputes where the credit limit of the contract that is subject to dispute exceeds $2 million.ASIC said that when determining whether the $2 million limit had been reached, an EDR scheme must look at the credit contract that is the subject of the dispute and not at any linked credit contracts.The new rule applies in situations where the lender has already commenced debt recovery proceedings.ASIC said it would review the adequacy of the limit in two years.A partner at Gadens Lawyers, Campbell Hudson, said the rule change would give business lenders greater certainty "in being able to progress matters without being subject to the delays associated with EDR complaints."