Description

What does the podcast cover?
In the form of a court submission the presenters provide the context of the case ASIC v Kobelt and identify issues that are open to future litigation. Some topics addressed include:

• The High Court’s characterisation of the book-up credit system & the manner in which it was offered.
• Relevance of the Anangu customers’ perception of the credit system, reflecting aspects of Anangu culture not found in mainstream Australian society.
• Voluntariness in the context of the system of conduct in question, including the customers’ vulnerability and the cultural impacts.
• Relevance of “moral obloquy” in determining unconscionable conduct within the meaning of s 12CB ASIC Act.
• An examination of the majority and minority reasons and the application of Kobelt in recent cases.
• Hypothesising the potential reach of the High Court’s decision.

Who should watch?

Litigation teams with competition and consumer law practices, class actions lawyers, government lawyers, teams at regulatory bodies and in house counsel.

Supporting materials
The video recording, a written summary of the content and information about the speakers are available here.

Liability limited by a scheme approved under the professional standards legislation

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Website: www.level27chambers.com.au