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
If particular educational activities are relevant to your immediate or long term needs in relation to your professional development and practice of the law or profession, then you should claim one “unit” for each hour of online viewing, listening, and private study completing relevant downloads.
The statements, analyses, opinions and conclusions in these online materials are those of the author and not “CPD for Me” or “CPD-LIVE”, which act only in the capacity as convener and publisher of education courses.
No part of any CPD-LIVE, CPD for Me webinar or on-demand CPD legal update can be regarded as legal advice. Although all care has been taken in preparing each CPD session, and/or associated papers, viewers must not alter their position or refrain from doing so in reliance on any paper. Neither the author nor “CPD for Me” or “CPD-LIVE” accept or undertake any duty of care relating to any part of any presentation or relevant handouts. Copyright in this material is retained by the authors.
All “CPD for Me” accounts include LogCPD free, where you can LogCPD activities from any provider. LogCPD also tallies units and you can download, print, sign and email your CPD compliance statement by lawyer CPD period 1/4/xx to 31/3/xx.
About CPD for Me:
“CPD for Me” publishes over 100 leading Australian barristers, accredited specialists and professional service industry experts exclusive professional development online with handouts plus ongoing Q&A so busy lawyers, accountants and advisors can obtain practical, relevant learning and meet CPD compliance requirements, on any device and with no travel hassles.
“CPD for Me” hosts regular “CPD-LIVE” webinars and publishes on-demand CPD courses of mandatory lawyer subjects: practice management, professional skills, business skills, Australian substantive law, ethics and professional responsibility.
A license to publish in this format has been granted to “CPD for Me” exclusively. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part of these materials may be reproduced by any process without written permission of “CPD for Me”.
If you have any questions, please call 1300 273 463.
© Copyright 2018-2022 CPD for Me – All Rights Reserved