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

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Unconscionability Relates to … Various equitable (and some common law) causes ofaction and bases for relief Statutory unconscionability under Trade Practices Act Statutory unconscionability under Fair Trading Acts Statutory unconscionability in financial services underASIC Act Unconscionable financial services licensee conduct underCorporations Act Unjust contracts laws (eg some Fair Trading Acts, NSWContracts Review Act) Related consumer credit laws Industry codes (eg Banking/Franchising Codes) State retail/commercial leasing laws6
Three Basic Forms of Statutory Unconscionability General prohibition on unconscionable conduct by corporations:- TPA s 51AA (in trade practices generally)- ASICA s 12CA (in financial services)- Corporations Act s 991A (financial services licencees) Unconscionable conduct in retail/personal/consumer contexts:- TPA s 51AB- ASICA s 12CB- Consumer Credit Code / Contracts Review Act (NSW) Unconscionable conduct in big/small business contexts:- TPA s 51AC- ASICA s 12CC- Some Fair Trading Acts- Some commercial/retail leasing Acts7
Page 2 and 3: Overview Lead-up to the Panel’s i
Page 4 and 5: Why Another Public Inquiry? Previou
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 20 and 21: Recommendation of Principles of Int
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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