Australian Securities and Investments Commission v BHF Solutions Pty Ltd

[2021] FCA 684

Federal Court of Australia23 June 2021

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Interrogate

Catchwords

1. Consumer Law
2. › Consumer Credit
3. › National Consumer Credit Protection Act 2009 (Cth)
4. › Credit activity
5. › Engaging in credit activity without Australian Credit Licence
1. Consumer Law
2. › Consumer Credit
3. › National Credit Code
4. › Provision of credit to which Code applies
5. › Charge for providing credit
6. › Whether service fees charged by third party are charges for providing credit
1. Consumer Law
2. › Consumer Credit
3. › National Credit Code
4. › Exemptions from Code
5. › Continuing credit contract with fixed charge
6. › Section 6(5) exemption
1. Consumer Law
2. › Consumer Credit
3. › National Credit Code
4. › Extended definition of contract
5. › Section 204(1)
6. › Series or combination of contracts or contracts and arrangements
7. › Whether service provider's contract forms part of credit contract

Quick Take

Fees charged by a separate service provider for loan application, management and collection services are not charges 'for providing the credit' within ss 5(1)(c) and 6(5) of the National Credit Code, and the extended definition of 'contract' in s 204(1) does not operate to incorporate a service provider's contract into the credit contract where the service contract does not itself constitute a provision of credit.