What is unconscionable conduct?

Unconscionable conduct is behaviour so harsh and unjust that it is deemed to fall so far outside the norms of society that it is offensive to good conscience. In the face of such conduct, courts have both an equitable and statutory jurisdiction to sanction that unconscionable behaviour.

Jun 19
4 min

It's not unconscionable to threaten to enforce own contractual rights

In May 2022, Payne JA considered defences and cross claims of unconscionability in circumstances where one contracting party (a landlord)...

Jun 13
4 min

Lack of English language skills does not equal unconscionable conduct

In the matter of Atlas Advisors Australia Pty Ltd [2022] NSWSC 705 In the case of Atlas Advisors, Black J of the NSW Supreme Court...

Feb 6
4 min

Unconscionable Conduct: Assessing the departure from society’s normative standard

In the Federal Court, Justice Halley recently applied the ratios from Paciocco v Australia and New Zealand Banking Group Ltd and...

Oct 20, 2021
2 min

Another educator unconscionably cashes in on 'ghost students'

In another example of unscrupulous educator behaviour, in the matter of Australian Competition and Consumer Commission v Phoenix...

Sep 19, 2021
3 min

QLD Court of Appeal overturns $108m Adani judgment

Last year we wrote about the Queensland Supreme Court's decision in Adani Abbot Point Terminal Ltd v Lake Vermont Resources Pty Ltd & Ors...

Jul 9, 2021
3 min

College cashing in on 'ghost students' unconscionable

After a long-running litigation battle that began in 2018, the Federal Court of Australia has handed down its decision in Australian...

Jul 2, 2021
2 min

Franchises, secret commissions and unconscionable conduct

In the matter of Ali v ACCC [2021] FCAFC 109, the Full Court of the Federal Court have upheld a judgment finding that the master...

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