In a presentation hosted by Level Twenty Seven Chambers the speakers address the issues in ASIC v Kobelt in the form of a court submission. They provided the context of the case and identified issues that are open to future litigation. Some topics addressed included:
- 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.
An on demand video recording and podcast of the session, as well as the audio transcript and a concise written summary, are available here.