High court: Financial regulation and a vulnerable indigenous community

High court: Financial regulation and a vulnerable indigenous community Journal Article

LSJ: Law Society of NSW Journal

  • Author(s): Fishburn, Talitha
  • Published: 2019
  • Volume: 57
  • ISBN: 2203-8906

Abstract: In this much anticipated litigation, ('ASIC v Kobelt' [2019] HCA 18) the High Court majority (4:3) dismissed ASIC's appeal against an outback store owner, Mr Kobelt. For about a decade, he operated a 'book-up' credit system for his customers; Indigenous persons in a remote community. ASIC alleged his system was unconscionable. Despite the diverging views of the Court, the decision sheds light on confronting social issues in remote Indigenous communities while contributing to the jurisprudence on statutory unconscionability in Australia.

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Suggested Citation
Fishburn, Talitha, 2019, High court: Financial regulation and a vulnerable indigenous community, Volume:57, Journal Article, viewed 17 August 2022, https://www.nintione.com.au/?p=15330.

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