Unconscionable Conduct

Report recommends against statutory definition of unconscionable conduct in the TPA

The Senate Standing Committee has released its report entitled ‘The need, scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974‘. 

The report followed removal of the $10m cap for s 51AC (unconscionable conduct in business transactions) last month.  It recommends against including a statutory definition at this time, but does acknowledge that ‘section 51AC of the Trade Practices Act has fallen short of its legislative intent’ and recommends an inquiry to ‘consider the option of producing a list of clear examples, that all parties agree constitute “unconscionable conduct”, into the Trade Practices Act’ (recommendation 2, p 38)

The minority report of Coalition Senators and Senator Nick Xenophon recommended inclusion of a statutory definition.

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One thought on “Report recommends against statutory definition of unconscionable conduct in the TPA

  1. Q: do you have anything which relates to statutory unconscionability and “affirmation” ……..in other words: at common law you might claim there has been duress and/or unconscionable conduct which results in you entering a contract. You then do things [acts] which affirm the contract, so the contract which was perhaps/arguably voidable remain in force.

    But does the same situation apply regarding affirmation and statutory unconscionability?

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