Nov 7, 20233 min read
Unconscionable Conduct 'cheat sheet' provided by Barone DCJ
In the recent case of Australian Securities Ltd v Ehrenfeld [2023] WADC 121 Barone DCJ gave a 30,000-foot-view of unconscionable conduct...
Jun 26, 20232 min read
Deceased estate unsuccessful in resisting guarantee on grounds of unconscionability
The recent case of Naegeli v Dalton and Schaeffer as Executors of the Estate of the late John Herman Schaeffer [2023] NSWSC 466, serves...
Jun 9, 20232 min read
AMP cops $24m penalty for unconscionably preying on its own customers
In Australian Securities and Investments Commission v AMP Superannuation Limited [2023] FCA 488, the Federal Court of Australia found...
Jun 7, 20232 min read
Multiple acts of bad conduct 'read together' by Court of Appeal amounts to unconscionable conduct
The Full Federal Court has dismissed an appeal by Productivity Partners Pty Ltd (trading as Captain Cook College) v ACCC [2023] FCAFC 54...
Jan 14, 20233 min read
"Smash" drink bottle maker unconscionably seeks new UK retailers despite exclusive sales contract
In December 2022, the Victorian Court of Appeal dismissed an appeal brought by Smash against Euromark (a UK retailer of Smash drink...
Nov 25, 20222 min read
"Warm Body" refinancing held not to be unconscionable.
This month the Full Court of the Western Australian Court of Appeal has unanimously held that the actions of a financier agreeing to...
Nov 11, 20223 min read
NAB's apathy in knowingly overcharging customers held to be unconscionable.
On 7 November 2022, the Federal Court of Australia found the National Australia Bank (NAB) had engaged in unconscionable conduct under...