Question
The regulatory space in the financial services and banking industries is crowded. There are rules of common law such as negligence, contract; rules from various
The regulatory space in the financial services and banking industries is crowded. There are rules of common law such as negligence, contract; rules from various statutes such as the Corporations Act 2001 (Cth), Banking Act 1959 (Cth), Competition and Consumer Act 2010 (Cth) [introducing the Australian Consumer Law]; and even industrial codes of practice, such as Banking Code of Practice (2020) and the ePayments Code (2016)
Question: In your opinion is this regulatory space "overcrowded"? Which of the various regulatory rules is the most effective to protect the customer from potential "predatory" behaviour by an ADI? IS this regulatory space biased against ADI's?
Discuss by referring to scholarly articles as well as case example as well as relevant rues of common law, statute and codes of practice.
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