Modern Australian

Evidence from the banking royal commission looks like history repeating itself

  • Written by Michael Adams, Dean, School of Law, Western Sydney University

Do banks learn from the past? From watching the questioning of elderly disability pensioner Carolyn Flanagan at the Financial Services Royal Commission, it seems not.

In the High Court of Australia on May 12 1983, one case tested the limits of a concept called “unconscionability”. This is a difficult area of law to prove, as the parties...