Publication
Combating the weaponisation of financial products: A pathway forward
In light of the discussion paper published by the Centre for Women’s Economic Safety (CWES) last year.
Author:
Australia | Publication | November 2023
A key pillar of our firm's pro bono strategy is to assist both organisations and individuals to tackle one of the most insidious forms of family violence – financial abuse.
Financial abuse occurs when someone takes away another person’s access to money, manipulates another person’s financial decisions, or uses another person’s money without their consent. Financial abuse can take many forms and often consists of several actions which take place over a period of time, rather than a single event.
It may include the following:
Regardless of the method used by perpetrators, the results of financial abuse can be devastating. Victims/survivors may struggle to get legal assistance, particularly if their accounts have been drained. They may be ashamed or embarrassed and reluctant to seek help. They may not even realise that what they’ve experienced is a form of abuse. Financial abuse has a significant cost to both individuals and society. It is estimated that in 2020 there were $5.7 billion in direct costs for victims and $5.2 billion in costs for the broader economy.1
Our firm is investing significant resources to develop our pro bono financial abuse practice.
Our approach is twofold: to support the systemic advocacy of our non-profit clients; and assist victims/survivors of financial abuse seek legal redress. This approach plays to the strengths of our lawyers but also means our pro bono assistance can have a significant impact. Our lawyers also develop an intimate understanding of how systems, such as the financial services industry, can be weaponised to perpetrate abuse.
Elder financial abuse often has distinct legal pathways to seek redress, as opposed to financial abuse in intimate partner relationships. Our disputes lawyers are able to use their expertise to bring about positive outcomes for clients and we have been successful in obtaining significant financial settlements for clients.
A key part of our strategy is to support projects aimed at systemic change. Examples of our recent pro bono work include:
We recognise that there is no simple solution to financial abuse. It will take significant reform across many industries, as well as a commitment from state and federal governments to enact the necessary legislative changes to bring perpetrators to account. However, as we build our pro bono practice in this area and enhance our skills, we hope to become instrumental in positive social change.
Publication
In the recent decision of Euronav Shipping NV (Euronav) v Black Swan Petroleum DMCC (BSP) [2024] EWHC 986 (Comm) (the Judgment), the English Commercial Court has underscored the role of comity in international disputes.
Publication
The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
Publication
The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
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