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Unconscionable conduct
Practical Law ANZ Glossary w-013-1092 (Approx. 2 pages)
Glossary
Unconscionable conduct
In general terms, serious misconduct that is clearly unfair or unreasonable.
For the purposes of the Australian Consumer Law and related consumer protection law, it is not specifically defined, but incorporates:
- The unconscionability principles of the common law and equity (section 20, ACL).
- A separate statutory prohibition that applies to the supply and acquisition of goods and services. This extends beyond the unwritten law to establish a norm of conduct, based on non-exhaustive statutory criteria (sections 21 and 22, ACL).
For more information, see Practice note, Unconscionable conduct.