The Two-Step Process to Finding Statutory Unconscionability (2018)
This recorded webinar by Dr Michelle Sharpe, Barrister and the author of Unconscionable Conduct in Australian Consumer and Commercial Contracts, published by LexisNexis, examines the recent case law on statutory unconscionability and discuss the two-step process to finding unconscionability.
- Elements of the ‘Amadio’ doctrine of unconscionable conduct
- Unconscionable conduct in consumer protection legislation
- Pleading claims of unconscionable conduct
- Typical defences to claims of unconscionable conduct
About your Speaker: Dr Michelle Sharpe – Barrister
Dr Michelle R Sharpe practices primarily in the areas of general commercial and contract law, passing off and trade practices and consumer protection and brings significant experience in regulatory frameworks. She is experienced in the areas of owners corporations, franchising and retail and residential leases, tax and information technology. She regularly appears in all jurisdictions, including VCAT.
Michelle is highly experienced in matters involving breaches of consumer protection law, having acted for (and against) State and Federal agencies. She has written and contributed to papers and publications on trade practices – particularly in the area of unconscionable conduct.
Committed to client care, Michelle brings a flexible, cooperative approach to her practice and in the service of clients – who include government, small and medium sized businesses and owners corporations.
Notable recent cases Michelle has been involved in include acting for the ACCC in a number of consumer product safety litigations, and against the ACCC in a trade practices matter; acting against Spotlight in a large scale breach of contract matters and acting for American Express in appealing a decision by the Commissioner of Taxation and successfully acted in a complex owners corporation litigation for the owners corporation and manager, where various breaches of the Act were alleged by a lot owner .
Michelle lectured at the University of Melbourne (2007 – 2011) in the areas of legal ethics, civil procedure and contract law, and is an occasional instructor in legal ethics at Leo Cussen.
She has a keen interest in health and wellbeing issues affecting the profession and in particular the impacts on legal ethical conduct. Michelle was a member of the Bar Council 2006-09 and Assistant Convenor of the Women Barristers Association 2006-07.
Overview of legal expertise
- Administrative Law (Judicial and Merits Review)
- Banking and Finance
- Building and Construction
- Commercial Law
- Consumer Credit
- Defamation, Media and Entertainment
- Equity Trusts
- Professional Negligence
- Property Law
- Residential / Retail Tenancies
- Trade Practices
- Traffic Law.
- Australian Private Law Network
- Commercial Bar Association
Victorian Bar Committee memberships
- Victorian Bar Council
- Bar Conciliators
- Chair – Health and Wellbeing Committee
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