Full Federal Court clarifies statutory unconscionable conduct law
The Full Federal Court has upheld the ACCC’s appeal in Quantum Housing, finding that quantum Housing engaged in unconscionable conduct when dealing with investors regarding the National Rental Affordability Scheme.
ACCC Chair, Rod Sims, explained that:
‘The Full Court has made clear that for conduct to be held to be ‘unconscionable’ under the Australian Consumer Law and other similar laws, it is not necessary to establish that the business engaging in the conduct has exploited some disadvantage or vulnerability on the part of the consumers or small businesses affected, although this may often be the case.’
‘The Full Court has confirmed that the correct approach to assessing statutory unconscionability is to focus on the conduct, and assess whether it is a sufficient departure from the norms of acceptable commercial behaviour as to be against conscience or to offend conscience’
See ACCC media release.