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

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Recommendation of Principles of Interpretation Sections 51AB and 51AC go beyond common law and equityAND not limited by them Apply to terms and progress of a contract – ie not just whathappens at execution Apply to systems/patterns of business behaviour – ie not justparticular incidents Amadio-like special disadvantage not needed to access thestatutory provisions/remedies20
Other Unconscionability-Related Reforms Harmonisation of sections 51AB and 51Ac to be considered byGovernment Given single national ACL + increased regulatory enforcementpowers, need for uniform national regulatory guidance by ACCC,ASIC, and state regulators on statutory unconscionable conduct(similar to proposals under unfair contracts regime) Nature of the regulatory guidance on unconscionable conduct Regulators to bring more test cases on the interpretative principlesand other reforms Non-government test case support/encouragement too (see lateradvocacy, pro bono, and research recommendations)21
Page 2 and 3: Overview Lead-up to the Panel’s i
Page 4 and 5: Why Another Public Inquiry? Previou
Page 6 and 7: Unconscionability Relates to … Va
Page 8 and 9: Unconscionability Under TPA s51AA &
Page 10 and 11: Unconscionability Under TPA s51AB &
Page 12 and 13: Unconscionability under TPA s51AB &
Page 14 and 15: Full Fed Ct in ACCC v Samton Holdin
Page 16 and 17: ACCC v CG Berbatis Holdings Pty Ltd
Page 18 and 19: Recommendation on Examples ‘In ma
Page 22 and 23: Five Identified Franchising Behavio
Page 24 and 25: Other Franchising Matters Additiona
Page 26 and 27: Some Lessons for Lawyers in All Arm

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

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