Unconscionable Conduct in Australia

Louise Gehrig, Partner
Piper Alderman

Telephone: 03 8665 5582

Telephone: 03 8665 5589

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...

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...

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...

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...

"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...

"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...