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This article is over 4 months old Westpac lawyers leave the Commonwealth law courts in Melbourne on Thursday, May 24, The banking royal commission began its third round of hearings this week.
Its focus turned to lending to small businesses, which is very different from personal mortgages and credit cards. It was a significant shift in tone for the commission.
Sign up to receive the top stories in Australia every day at noon Noel Hutley SC, counsel for Bank of Queensland, told the commission that small business people often hold a deep belief that they are able to achieve things which their financial advisers have told them are unachievable, and that they should be praised for that.
On the other hand, the major banks did admit to reprehensible lending practices in their submissions for this round of hearings. For example, ANZ acknowledged that intwo ANZ business banking managers were found to have been colluding with external third parties to make 47 fraudulent loans.
It also admitted to instances where frontline staff engaged in inappropriate sales practices in an effort to increase incentive payments, including selling or referring customers to unsuitable products, some of which involved SME lending.
It led the commissioner, Kenneth Hayne, to make an interesting point about the way banks like to market themselves. It remains to be seen how the commission will respond to evidence it saw this week. How did the week start? Michael Hodge, senior counsel assisting the royal commission, used his opening address to undermine a serious, long-running criticism of the Commonwealth Bank.
It was a significant public relations victory for CBA. CBA has been dogged for years by claims it deliberately defaulted loans of Bankwest customers after it bought the lender in late from the failed British bank HBOS. Former Bankwest small-business customers have insisted that CBA deliberately impaired their loans in and for its own financial gain.
Bank of Queensland admits it failed customer badly — banking inquiry Read more The claims were so persistent they led to a parliamentary inquiry inbut the inquiry failed to produce a unanimous view on the events.
He also said the theory that CBA deliberately impaired loans on the Bankwest loan book to improve its tier 1 capital ratio was not supported by facts either. CBA officials were thankful for the small mercy, given their bank has been involved in multiple proven scandals in recent years.
Remember how bank officials in April admitted that some of its financial planners had been charging fees to clients who had died? What about some of the case studies? She also was legally blind and had trouble hearing. Flanagan was only allowed to stay in her home after New South Wales Legal Aid made a claim to the financial services ombudsman on her behalf.
That included a Westpac staffer falsely witnessing a document and marking documents to suggest Flanagan had received independent legal advice about her business lending agreement when she had not done so.
The business ultimately failed, and the borrowers complained to the financial ombudsman that ANZ should not have approved the loan. The ombudsman found in their favour.
Asked by Hodge if she thought ANZ had demonstrated the care and skill of a prudent and diligent banker, she replied: There was threats of legal implications. I sort of felt I was in a no-win situation. The commission will continue looking at small-business lending next week, and then it will break for a number of weeks.After the day trial period, benefits to the Business Legal Plan (also Business Advantage Pro or Business Advisory Plan) continue automatically at the plan rate (currently $ per month).
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