For accessorial liability under s 12GF of the ASIC Act in respect of Garcia-type unconscionable conduct, the accessory need not know that the plaintiff in fact did not understand the transaction. Knowledge of the first three Garcia elements suffices: that the plaintiff was a volunteer surety, that the husband may not have fully explained the transaction, and that the lender took no steps to ensure explanation. Even if knowledge of the plaintiff's actual lack of understanding were required, knowledge that the plaintiff probably did not understand suffices, applying the principle that knowledge of probable consequence is tantamount to knowledge of the consequence.
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