DUD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

[2021] FCA 979

Federal Court of Australia17 August 2021

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Case Details

Citation[2021] FCA 979

CourtFCA

JurisdictionCommonwealth

Decision Date17 August 2021

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For Australian Law.

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Judgment

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.

DUD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs 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.

DUD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.