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Westpac Banking Corporation v State of Western Australia [2021] FCA 1097 — BarristerAI

Westpac Banking Corporation v State of Western Australia

[2021] FCA 1097

Federal Court of Australia12 September 2021

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Judges

Jackson J

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Case Details

Citation[2021] FCA 1097

CourtFCA

JurisdictionCommonwealth

Decision Date12 September 2021

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Judgment

Judges

Jackson J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Westpac Banking Corporation v State of Western Australia at [30]

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage.

Westpac Banking Corporation v State of Western Australia at [37]

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Built by Barristers,For Australian Law.

Judgment

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