Insurance Law

Independence and unconscionability - Lessons for lenders and solicitors in advising third party guarantors

Contact: Mark Brookes, Nola Pearce & Tom Pepper, Carter Newell (Queensland, Australia)

Executive summary The decision in Alceon Group Pty Ltd v Rose [2015] NSWSC 868 is of relevance to lenders and solicitors advising third party guarantors, insofar as it addresses the need for independence in the provision of the advice and for lenders to turn their minds to the adequacy of that advice. The case also has an overriding relevance for all solicitors, as it addresses the need to proceed carefully in situations where the general law may impose obligations over and above those contained in professional conduct rules.  

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