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Australian Securities and Investments Commission v. Kobelt

Case No. A32/2018
Case information

Lower Court Judgment

20/02/2018 Federal Court of Australia (Besanko J, Gilmour J, Wigney J)

[2018] FCAFC 18

Catchwords

Consumer law – Australian Securities and Investments Act 2001 (Cth) s 12CB, 12CC – Unconscionable conduct – Where respondent operated general store in remote town – Where respondent provided credit to indigenous customers – Where primary judge held respondent contravened s 12CB(1) by engaging in system of unconscionable conduct in connection with supply of financial services to customers – Where Full Federal Court allowed appeal – Whether Full Federal Court erred in construction and application of ss 12CB and 12CC.   

Short particulars

Documents

17/08/2018 Hearing (SLA, Melbourne)

31/08/2018 Notice of appeal

05/10/2018 Written submissions (Appellant)

05/10/2018 Chronology (Appellant)

02/11/2018 Written submissions (Respondent)

16/11/2018 Reply

23/11/2018 Reply on cross appeal

04/12/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

04/12/2018 Outline of oral argument (Appellant)

04/12/2018 Outline of oral argument (Respondent)

12/06/2019 Judgment (Judgment summary)