cover image: Australian Financial Complaints Authority 1

20.500.12592/pc86cxr

Australian Financial Complaints Authority 1

4 Jan 2024

AFCA may require the Financial Firm to pay or contribute to the cost provided that: a) the fees of the expert are reasonable, having regard to the complexity of the complaint and usual market rates; and b) the person has the necessary expertise. [...] A.11.2 The parties must maintain the confidentiality of all information provided to them through the course of a complaint except: a) to the extent reasonably necessary to resolve the complaint; b) to the extent reasonably necessary to discuss the complaint with their lawyer, adviser, accountant or insurer; c) with the consent of the party who provided the information; d) as required or permitted. [...] This includes a complaint relating to the payment of a death benefit where AFCA is satisfied that the Complainant has an interest in the death benefit but: a) the Complainant was not notified by the Financial Firm of the proposed payment of the death benefit and the failure to notify was unreasonable; or b) the Complainant was notified of the proposed payment of the death benefit but was not notif. [...] Australian Financial Complaints Authority 37 D.2 Types of remedies for a complaint other than a Superannuation Complaint D.2.1 An AFCA Decision Maker may decide that the Financial Firm or the Complainant must undertake a course of action to resolve the complaint including: a) the payment of a sum of money; b) the forgiveness or variation of a debt; c) the release of security for debt; d) the repay. [...] G.2.3 In relation to decisions which AFCA and the AFCA Decision Maker can consider, they must consider the complaint on the basis that: a) the lender was permitted to disregard the impact of COVID-19 when determining the financial situation of the borrower; and b) the purpose of the SMEG Act is to encourage the quick and efficient provision of loans to borrowers as a response to the economic impac.

Authors

Mitchell Turek

Pages
57
Published in
Australia