What is unconscionable conduct?

Unconscionable conduct is behaviour deemed by the law to be so harsh and unjust that it is offensive to good conscience. In the face of such conduct, courts have an equitable and statutory jurisdiction to sanction that offensive behaviour by granting relief to the wronged party.

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...

Nov 7, 20233 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 26, 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 9, 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...

Jun 7, 20232 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...

Jan 14, 20233 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 25, 20222 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...

Nov 11, 20223 min read

Louise Gehrig, Partner - Piper Alderman

Louise Gehrig is a highly experienced litigator with more than 20 years’ experience in litigation and dispute resolution in corporate and commercial law, trust and estate litigation, particularly at Supreme and Federal Court level.

lgehrig@piperalderman.com.au

Rob Norton, Senior Associate - Piper Alderman

Rob is an experienced litigator with a strong background in dispute resolution and negotiated outcomes.

From the very beginning of his career Rob has had a strong interest in unconscionable conduct in business, finance and commerce. He has grown to be a expert in this field.

rnorton@piperalderman.com.au

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