Young’s List barrister Dr Michelle Sharpe has published an article in Thomson Reuters on “More Than a Feeling”: Finding Statutory Unconscionable Conduct.
Finding statutory unconscionable conduct does not depend on finding “moral obloquy”. Nor does it involve personal intuition. Instead, finding statutory unconscionable conduct requires a disciplined evaluation of the impugned conduct against the normative standard enshrined in the Australian Consumer Law. In short, it requires the application of two separate but overlapping steps: identifying the relevant normative standard; and measuring the impugned conduct against that standard.
To read the full article, please click here.
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