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Electoral Commissioner of Australian Electoral Commission v Anning [2021] FCA 115 — BarristerAI

Electoral Commissioner of Australian Electoral Commission v Anning

[2021] FCA 115

Federal Court of Australia17 February 2021

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Judges

Greenwood J

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Case Details

Citation[2021] FCA 115

CourtFCA

JurisdictionCommonwealth

Decision Date17 February 2021

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For Australian Law.

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Judgment

Judges

Greenwood J

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.

Electoral Commissioner of Australian Electoral Commission v Anning at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

Electoral Commissioner of Australian Electoral Commission v Anning at [37]

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Built by Barristers,For Australian Law.

Judgment

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