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CLQ Vol37 No1 March-May 2023

Constructive notice and passive retention scenarios in unconscionable conduct cases
By Pranay Jha and Alan Zheng
 
The equitable doctrine of unconscionable conduct has entered a new stage of its dynamic existence. The New South Wales Court of Appeal’s 2022 decision in Nitopi v Nitopi overturned the findings on the basis that particular findings of knowledge were not sufficient. The Court of Appeal considered whether it suffices for unconscionable conduct that a stronger party is put ‘on notice’ of a special disadvantage, and whether there is any inconsistency in the recent High Court authorities of Thorne, Stubbings and Kakavas in how they approach the long shadow of the ‘ought to know’ knowledge limb as expressed in Amadio. This paper respectfully suggests there is no need to read an inconsistency into the High Court authorities, and that constructive knowledge and constructive notice are presently insufficient for unconscionable conduct. However, we contend that there is nevertheless a sound doctrinal basis for equity to intervene where a stronger party is on constructive notice of a special disadvantage in cases concerning passive retention of benefits and gifts, rather than active exploitation.
 
Criminalising coercive control: what banking, finance and commercial practitioners need to know
By Elizabeth Pearson
 
New South Wales has become the first jurisdiction in Australia to criminalise coercive control in intimate partner settings. The Crimes Legislation Amendment (Coercive Control) Act 2022 (NSW) passed the Parliament in November last year with bipartisan support, after two and a half years of development and more than eight rounds of consultation. This nation-leading legislation creates a stand-alone offence of coercive control in the Crimes Act 1900, which will commence operation in the first half of 2024.
This article sets out five things that the banking, finance and commercial sectors need to know about the NSW coercive control reforms.
 
Contract law master class 2023. Part 1 of 2
By Jeffrey Goldberger
 
Chapter 1: Inference and implication in the identification of contractual terms
Chapter 2: Loss of contractual rights by conduct: the taxonomy of waiver, election and estoppel
 
  • Constructive notice and passive retention scenarios in unconscionable conduct cases
    By Pranay Jha and Alan Zheng
    page 4
  • Criminalising coercive control: what banking, finance and commercial practitioners need to know
    By Elizabeth Pearson
    page 19
  • Contract law master class 2023
    By Jeffrey Goldberger
    page 28
  • Member Price: $0.00
    Non Member Price: $30.00
     
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