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2 years ago

By Professor Bryan Horrigan Report Co-Author Louis Waller Chair of ...

By Professor Bryan Horrigan Report Co-Author Louis Waller Chair of ...

Unconscionability Under

Unconscionability Under TPA s51AB & ASICA s12CBTPA:“A corporation shall not, in trade or commerce, in connectionwith the supply [but not supply for purposes of re-supply orusing up / transforming in trade or commerce] .. of goods orservices [of a kind ordinarily acquired for personal, domestic,or household use or consumption] engage in conduct that is,in all the circumstances, unconscionable”ASICA: supply of financial services

Unconscionability Under TPA s51AC (cf s12CC ASIC Act)“A person/corp must not, in trade or commerce, inconnection with (a) the supply .. of goods or services to acorp/person (other than a listed corporation) [for purposesof trade or commerce] or (b) the acquisition or .. goods orservices from a corp/person (other than a listedcorporation) [for purposes of trade or commerce], engagein conduct that is, in all the circumstances,unconscionable.” (s51AC TPA)ASICA: supply of financial services