Mortgages & Securities Law and lawyers

Australian securities law relates to securities issued by corporations as well as other securities, including debentures, stocks and bonds issued by governments, and interests in managed investment schemes.

Australian securities regulation rests on the principle that "financial markets cannot function effectively unless participants act with integrity and there is adequate disclosure to facilitate informed judgements".As a result, many of the regulatory rules governing dealings in securities are part of a broader framework that governs financial products, financial services and financial markets.

Mandatory disclosure and conduct regulation underlie much of Australia's securities regulation.

False trading, fraudulent dealing, and insider trading are dealt with to prevent improper practices in connection with securities markets. A licensing system operates to ensure securities markets are fair, orderly and transparent. At the same time, securities law is also facilitative, allocating rights and duties in conjunction with general contract law. It also allows for a degree of self-regulation, by the operation for example of an independent securities exchange.

Australian securities law has been substantially modernised in recent years. The core of these laws are found in the Corporations Act 2001 (Cth), which contains provisions governing takeovers, fundraising, and financial products, services and markets.

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.

The main body of substantive law about securities is found in the Corporations Act 2001 (Cth), as well as the regulations made under that Act. Whilst much of the law is derived from earlier regulation (especially the bust in Australian mineral stocks of the late 1960s), the sections relating to securities regulation have been subject to recent amendment. The takeovers provisions were substantially re-written by the Corporation Law Economic Reform Program Act 1999. Changes to financial products, financial markets, and financial services were introduced by the Financial Services Reform Act 2001 (Cth)

The resolution of disputes is confided to the Federal Court and the Supreme Courts of the States and the Northern Territory, with other courts having some powers to apply the securities legislation.

Mortgage Law

A mortgage is a security interest in real property held by a lender as a security for a debt, usually a loan of money. A mortgage in itself is not a debt, it is the lender's security for a debt. It is a transfer of an interest in land (or the equivalent) from the owner to the mortgage lender, on the condition that this interest will be returned to the owner when the terms of the mortgage have been satisfied or performed. In other words, the mortgage is a security for the loan that the lender makes to the borrower.

The Australian Consumer Law

On 1 January 2011 the Australian Consumer Law (ACL) commenced.

The mortgage industry is governed by the ACL and other relevant laws and regulations related to lending practices of lenders, banks and mortgage companies. There are laws as well to protect consumers or borrowers and their financial information. These laws are predominately contained under the ACL.

For further information please see "Consumer Protection Law & Lawyers" and "Consumer Credit Law & Lawyers".

Should you have a legal matter regarding any aspect of mortgages and security law, then please complete your free legal enquiry form to request legal assistance from a specialist lawyer.