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3 years ago

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

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

Recommendation

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