• External Dispute Resolution: Limits to Disputing Decisions

    external dispute resolution

    Recent case law highlights the limited options open to Financial Service Providers (FSPs) when faced with adverse decisions made by external dispute resolution tribunals.

    What should Financial Service Providers know about external dispute resolution schemes?

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  • FOS Creates New Rights for Dispute Resolution

    dispute resolution

    External Dispute Resolution bodies like the Financial Ombudsman Service (FOS) are able to create new rights between parties. By contrast, courts generally only ascertain and enforce existing rights.

    In Utopia Financial Services v Financial Ombudsman Service [2012] WASC 279, the Supreme Court of Western Australia affirmed the exceedingly wide powers FOS has at its disposal to resolve disputes involving its members, even if this means creating new rights and obligations.

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