Competition & Consumer Act 2010 (Cth), Schedule 2 – The Australian Consumer Law, s 18, s 21; Australian Securities and Investments Act 2001 (Cth), s I2CA, s 12CB
2.
See PatersonJeannie and BrodyGerard, ‘Safety Net Consumer Protections’ (2015) Journal of Consumer Policy38(3), 331–55.
3.
LucindaPaul AliO'Brien and Ian Ramsay, ‘A Quick fix? Credit Repair in Australia’ (2015) 43(3) Australian Business Law Review, 179–205.
Many of the early cases concerning what could be described as unconscionable conduct focused on ‘catching bargains’, or deals struck between moneylenders and expectant heirs at usurious rates of interest. For an account of the development of the law of unconscionable conduct generally see CarterJWPedenElisabeth and TolhurstGJ, Contract Law in Australia (LexisNexis, 5th ed, 2007) 517–9.
6.
Blomley v Ryan (1956) 99 CLR 362.
7.
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447.
8.
Blomley v Ryan (1956) 99 CLR 362 at 415, per Kitto J.
9.
Competition & Consumer Act 2010 (Cth), Schedule 2 – The Australian Consumer Law.
10.
These provisions are replicated in the ASIC Act in relation to financial services.
11.
Competition & Consumer Act 2010 (Cth), Schedule 2 – The Australian Consumer Law, s 21.
12.
Competition & Consumer Act 2010 (Cth), Schedule 2 – The Australian Consumer Law, s 22.
13.
Australian Securities and Investments Commission, ‘Senate Inquiry into the performance of the Australian Securities and Investments Commission – Submission by ASIC on reforms to the credit industry and ‘low doc’ loans', (October 2013) 6.
14.
Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in Liq) (formerly Advanced Medical Institute Pty Ltd) [2015] FCA 368 at [39].
