Equity and good conscience: the judge as moral arbiter and the regulation of modern commerce

Justice Maxwell began the Oration with a quote from Jiminy Cricket, ‘Let your conscience be your guide’. From here he investigated the concept of unconscionable conduct – how it is understood in law and what its implications are for judges, lawyers and the business world. His aim is to highlight the implications of our continued use of this powerful but elusive concept of good conscience.

2:30 pm
3:30 pm
Jan 1, 2019
-
3:30 pm
Jan 1, 2019
Online

Justice Maxwell began the Oration with a quote from Jiminy Cricket, ‘Let your conscience be your guide’. From here he investigated the concept of unconscionable conduct – how it is understood in law and what its implications are for judges, lawyers and the business world. His aim is to highlight the implications of our continued use of this powerful but elusive concept of good conscience.

‘The shocking reports we have all read about large-scale and widespread unethical behaviour in the financial services industry would tend to suggest that not very much moral reasoning has been going on there. The dictates of good conscience do not appear to have held much sway when decisions have been made by service providers about what sorts of transactions to embark on, which sorts of customers to engage with or what marketing and selling techniques are to be adopted.’

‘Is that a failing in the law, either as enacted or as applied? Even if it is not, could the law — meaning, in particular, judges and practitioners — do more?’

Participant details

Lynne Haultain

Executive Director
Victoria Law Foundation
Victoria Law Foundation

Lynne leads the Victoria Law Foundation team. She brings with her a wealth of experience in the fields of communications, journalism and management.

For 16 years, she worked with ABC Radio, including a stint hosting The Law Report on Radio National. She has also worked at the ACCC, the City of Melbourne, the Victorian Ombudsman and as a consultant. She has degrees in Law and English from the University of Western Australia and holds qualifications from the Australian Institute of Company Directors, the Institute of Community Directors Australia and has attended the Cranlana Centre for Ethical Leadership.

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Lynne Haultain
Executive Director
Victoria Law Foundation
Victoria Law Foundation

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