UPDATE What issues will decide ASIC v Malouf Group?

Our Previous note said- On 31 July 2017 Malouf Group Enterprises (MGE) And Mr Malouf Filed A 5 Page Response To  ASIC’s Concise Statement. Pssst... Have You Heard The Latest On... What Does Malouf Group Enterprises (MGE) Deny Saying? Malouf Group Enterprises denies engaging in misleading and deceptive conduct and (at par 15) has specifically denied saying to customers that: MGE could determine whether negative listings had been correctly listed on a consumers credit file; after receiving the consumer’s application, MGE would obtain the consumer’s credit report to establish [...]

The Unexpected Consequences of Being Sued and Then Settling

If your client is sued you should have any settlement subject to the claim being dismissed (not discontinued) or your client’s credit history will be impacted, thanks to the decision of a Credit Reporting Body.   If your client has a demerit listed on their credit history it will impact on their ability to borrow funds. In this article we look at the effect being named as a defendant in litigation has on your credit history. Background Legislation The credit reporting regime in Australia is largely centred around the Privacy Act,  the [...]

2017-11-29T16:33:47+00:00 By |Categories: Credit Repair|0 Comments

Credit Enquiries  – And How They Affect Your Credit Score

Credit Enquiries  - How They Affect Your Credit Score (And How Just One Particular Credit Enquiry Can Be Very Bad News For Your Finance Application)  By now, you might have heard that your credit application can be declined for a variety of reasons such as Insufficient income or assets, or excessive expenses, and debts. It’s also commonly known that defaults, court judgments, and court writs can also cause your loan application to be declined. But there’s another sinister demon lurking amongst your credit score – deeming you a high [...]

Legal Services Commission or Board QLD – NSW – ACT – VIC – TAS – SA – WA – NT

Contact Your Legal Services Commissioner or Board In Your State Below, you will find links to the Legal Services Commissions or Boards in all States and Territories of Australia. Queensland Queensland Legal Services Commission New South Wales NSW Office Of The Legal Services Commissioner Australian Capital Territory ACT Law Society Victoria Victorian Legal Services Board and Commissioner Tasmania Legal Profession Board Of Tasmania South Australia Legal Profession Conduct Commissioner Western Australia Legal Practice Board of Western Australia Northern Territory Law Society of Northern Territory Legal Services Regulators in [...]

ASIC v Malouf Update – Malouf Responds to Allegations

ASIC v Malouf Update - Malouf Responds to Allegations Malouf responds and on 31 July 2017, Malouf Group Enterprises (“MGE”) and Mr Malouf filed a 5 page response to ASIC's concise statement. What Does MGE Deny? Malouf responds and denies engaging in misleading and deceptive conduct and (at par 15) has specifically denied saying to customers that: a) MGE could determine whether negative listings had been correctly listed on a consumers credit file; b) after receiving the consumer's application, MGE would obtain the consumer’s credit report to establish whether the consumer's credit [...]

Unqualified Legal Work Finished – Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court

Unqualified Legal Work Finished - Now To Just Refund All The Fees Charged And Pay All The Fines Imposed By The Court "I am satisfied beyond reasonable doubt that diverse dates between the 14th of March 2010 and 30th of May 2011, at Bundaberg in the State of Queensland, Henry McKee did, contrary to section 24(1) of the Legal Profession Act 2007 engage in legal practice when he was not an Australian legal practitioner." "BENCH: Upon the finding of guilty, you are formally convicted of each offence. Each [...]

What Sort Of Work Constitutes “Legal Work”? Expanded

What Constitutes “Legal Work”? (EXPANDED CASE NOTES) DEAN -v- LEGAL PRACTICE BOARD [2015] WASC 260 (7 August 2015) Mr Dean was found to have engaged in legal work for a Mr McCarthy by: “advising him in connection to Family Court of Western Australia proceedings that he was involved in, advising him to initiate an application for the annulment of his marriage, advising him to lodge a caveat in respect of the former matrimonial home and drafting correspondence to be sent to Mr McCarthy's wife in connection with the [...]

2017-09-05T05:24:11+00:00 By |Categories: Credit Repair|0 Comments

What Sort Of Work Constitutes “Legal Work”?

What Sort Of Work Constitutes "Legal Work"? Regardless of how you describe what you do, if you have an expertise beyond the average person in legal matters and offer to use your knowledge and skills to help someone, that may well be legal work. The type of work concerned can range from providing advice and writing letters, up to attending court. Summary The test for whether work is legal practice is the nature of the work itself, not how it is described by the person doing it.  [...]

2017-09-05T05:24:11+00:00 By |Categories: Credit Repair|0 Comments

Do Credit Repair Business Claim To Provide Legal Services?

Do Credit Repair Businesses Offer To Provide Legal Services? OPINION:  They Say No, But The Facts Speak For Themselves... See  Specific Examples Below  - taken from various Credit Repairer websites (See HERE for Fines & Penalties in other cases) Chelsea Planning and Consulting Pty Ltd, t/as Credit Fix Solutions http://creditfixsolutions.com.au/ Is Legal expertise or Credit Repair expertise claimed? “Talk to an expert” “Our Director, Victoria Coster, has over 10 years experience in the credit, finance and legal industries.  She has the ability to quickly remove unfair defaults and court [...]

2017-09-05T05:24:11+00:00 By |Categories: Credit Repair|0 Comments

Why Credit Repair Work Is, By Its Nature, Legal Work (and thereby reserved for lawyers)

Why Credit Repair work is, by its nature, legal work (and thereby reserved for lawyers) By claiming expertise in Credit Repair and offering to help with a specific client’s needs, Credit Repair businesses offer legal services. Whether they are legally allowed to is another question. By Patrick Earl & Graham Doessel (See HERE for Fines & Penalties in other cases) There are indicators as to what constitutes “legal Work” Expertise/ knowledge in legal matters The person offering to perform the service must either claim or be assumed to have [...]