Abstract
In Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd the High Court turned its attention to the prohibition on unconscionable conduct contained in s 51AA of the Trade Practices Act 1974 (Cth) (the Act). That section prohibits conduct in trade or commerce that is unconscionable within the meaning of the unwritten law of the States and Territories. It has always been clear that this section embodies the equitable concept of unconscionable conduct as recognized by the High Court in Blomley v Ryan and Commercial Bank of Australia Ltd v Amadio. It has never been clear if the section reaches other conduct that might be considered unconscionable.
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