“The Full Federal Court has clarified that a special disability or vulnerability is not required for a finding of statutory unconscionable conduct under the Australian Consumer Law. The High Court decision in The Australian Securities and Investments Commission v Kobelt was widely criticised as confounding further, rather than clarifying, the scope of statutory unconscionable conduct. The majority decision was said to have set a high bar for statutory unconscionable conduct by requiring proof of predatory conduct. It was hoped that the subsequent Full Federal Court decision in Australian Competition and Consumer Commission v Quantum Housing Group Pty Ltd (No 2) (Quantum Housing) would settle this confusion. Unfortunately, it hasn’t …” (more)
Michelle Sharpe, ‘Consumer law: No quantum leap’, Law Institute Journal 1 December 2021.
First posted 2021-12-03 12:20:55
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