Consumer Protection / Unconscionable Conduct

High Court rules in Kakavas case

The High Court has today handed down its decision in Kakavas v Crown Melbourne Limited. The Court considered the application of the equitable doctrine of unconscionable conduct. This case arose after Kakavas suffered gambling losses of almost $1.5 billion at Crown over a period of approximately 14 months. Kakavas alleged he suffered from a special … Continue reading

Consumer Protection / Reports and Inquiries / Unconscionable Conduct / Unfair Terms

Senate Inquiry into Australian Consumer Law Part 2

On 18 March 2010 the Senate referred the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 for inquiry and report. This bill is the second stage in the introduction of a single national consumer law and includes  misleading or unconscionable conduct, unfair contracts and practices, consumer guarantees, unsolicited selling, information standards and product … Continue reading

Franchising / Reports and Inquiries / Unconscionable Conduct

Expert panel on franchising and unconscionable conduct appointed

The Government has appointed an expert panel on franchising and unconscionable conduct.  Dr Craig Emerson MP today announced the establishment of the expert panel.  The expert panel comprises Professor Bryan Horrigan, Mr David Lieberman and Mr Ray Steinwall. ‘The panel will provide advice to the Government on some outstanding issues raised in recent parliamentary inquiries … Continue reading

Franchising / Reports and Inquiries / Unconscionable Conduct

Unconscionable conduct provisions to be strengthened

The Government has announced that it will strengthen unconscionable conduct provisions in the TPA and the franchise code of conduct.  The Government has accepted the Senate Committee’s recommendations of the majority report, including adopting the ‘approach of clarifying existing provisions rather than creating uncertainty for consumers, businesses and the courts by changing the fundamental nature … Continue reading

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 … Continue reading