Join Dr Sarah McKibbin and student co-host Katie Forsythe as they navigate the practical application of equity through two powerful doctrines that protect vulnerable parties from exploitation and overreaching.
This episode examines:
- The crucial distinction: Learn how unconscionable conduct targets exploitation of special disadvantage while undue influence focuses on overborne will — with guidance from the High Court's decision in Thorne v Kennedy
- The Amadio case: Follow the heartbreaking story of elderly Italian migrants misled into unlimited liability while their son's company maintained a 'façade of prosperity'
- Special disadvantage: Understand what vulnerabilities equity protects from limited English and old age to illness, poverty, and lack of education
- Categories of influence: Navigate the classification systems from actual versus presumed influence to modern understandings of proof methods
- Protected relationships: Explore presumed relationships including solicitor-client, doctor-patient, and religious adviser-disciple through vivid cases
- Real-world tragedy: Witness how equity responds when relationships cross boundaries, from elderly 'Rocker' relegated to a tent to the scandalous Bar-Mordecai case
- Third party implications: Discover when banks and other institutions can be caught by another's undue influence
- Rebutting presumptions: Learn what constitutes meaningful independent advice and when even emphatic legal warnings aren't enough
Perfect for understanding how equity intervenes to ensure fairness in transactions beyond mere legal compliance. The episode transforms abstract principles into practical tools for recognising and addressing exploitation in professional practice.
Key points
- Duration: 35:43
- Content: Suitable for legal education and professional development
- Format: Educational dialogue with landmark Australian case studies
Hosted by Dr Sarah McKibbin with student co-host, Katie ForsytheProduced by Dr Sarah McKibbin for the University of Southern QueenslandPost-production editing by Michael Fleming
