Recent Developments in Equitable Unconscionability (Substantive Law)

About the webinar: Our guest speaker will discuss recent developments in equitable unconscionability, with a focus on the element of knowledge (of the other party’s special disadvantage). In particular: must the stronger party actually know of the weaker party’s special disadvantage or is constructive knowledge (or more remote still, constructive notice of facts) enough? Is a “predatory state of mind” required?

The cases covered are: Kakavas v Crown Melbourne Limited (2013) 250 CLR 392; Thorne v Kennedy (2017) 263 CLR 85; Stubbings v Jams 2 Pty Ltd [2022] HCA 6 and Nipoti v Nipoti [2022] NSWCA 162.

Speaker: ​ Theresa Power, Barrister, 12th floor Wentworth Selborne Chambers