Electoral Commissioner of the Australian Electoral Commission v Futter [2021] FCA 876 — BarristerAI

Electoral Commissioner of the Australian Electoral Commission v Futter

[2021] FCA 876

Federal Court of Australia28 July 2021

View on AustLII View on JADE Download

Judges

Griffiths J

Headnote

No headnote yet — we'll generate the full structured AI headnote for you.

Generate the headnote

Free trial · no card required

Case Details

Citation[2021] FCA 876

CourtFCA

JurisdictionCommonwealth

Decision Date28 July 2021

Built by Barristers,
For Australian Law.

Start free trial

No card · cancel anytime

Judgment

Judges

Griffiths J

Subsequent Judicial Consideration1›

Cases that have considered Electoral Commissioner of the Australian Electoral Commission v Futter

Referred to (1)

Wardman v Macquarie Bank Limited [2023] FCAFC 13

Judicial Consideration (Chronological)

Wardman v Macquarie Bank Limited [2023] FCAFC 13Referred to

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

Electoral Commissioner of the Australian Electoral Commission v Futter 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.

Electoral Commissioner of the Australian Electoral Commission v Futter at [37]

Judges

Headnote

Case Details

Built by Barristers,For Australian Law.

Judgment

Subsequent Judicial Consideration1›

Built by Barristers,
For Australian Law.