Recent Cases

Australian Securities and Investments Commission v BHF Solutions Pty Ltd [2022] FCAFC 108 (27 June 2022) (Besanko, Lee and O’Bryan JJ)


Catchwords:


CONSUMER LAW – consumer credit – alleged contraventions of the National Consumer Credit Protection Act 2009 (Cth) (Act) and the National Credit Code in Sch 1 of the Act – prohibition on engaging in credit activity without an Australian credit licence – where second respondent provided loan application services to applicants for credit and first respondent provided loans to successful applicants for credit – whether charges imposed by second respondent for “services” were charges for providing credit for the purposes of the exemption in s 6(5) of the Code – whether second respondent was an agent of the first respondent

STATUTORY INTERPRETATION – interpretation of the phrase “charge … for providing the credit” in ss 5(1)(c) and 6(5) of the National Credit Code – meaning of “credit contract” in s 4 of the Code – extended definition of contract in s 204(1) of the Code