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Substantive Law
Unconscionability Update

Unconscionability Update

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Substantive Law

Duration: 1 hour 10 mins

Filmed: April 2018

The session provides an update on the operation of the concept of ‘unconscionability’ inequity and legislation:

What will be found to be ‘unconscionable’?
When will conduct be considered ‘unconscionable’ within the meaning of equity/the ‘unwritten law’?
What is statutory ‘unconscionability’ and what are examples of conduct that has been found to infringe the legislative norms?
What do we take away from ASIC v Kobelt [2019] HCA 18; 93 ALRJ 743? What remedies are available?

Author details

Dr Elisabeth Peden – Barrister and Mediator

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Unconscionability Update

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