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The latest issue of the Australian Journal of Competition and Consumer Law (Volume 27 Part 2) contains the following material:
- Debtors, Debt Collectors and the ACL
“More Than a Feeling”: Finding Statutory Unconscionable Conduct – Michelle Sharpe
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.
In an era of deregulation and resource constraints, there is a tension between the merits of a specialist versus a generalist regulatory model. Effective regulation is achieved when specific policy levers are used to address specific priority harms, and only then can the most appropriate regulatory model be determined. However, the choice is not a binary one. Consideration must be given to the current complex policy environment, and the unintended consequences of deregulation. This article postulates that policy-makers should be conscious of the different roles specialist and generalist regulators play in determining the best settings to make markets work for the long-term benefit of consumers.
ACCESS TO SERVICES – Editor: John Hedge
- Newcastle Shipping Channel Revocation – Wider Implications for the National Access Regime – John Hedge
CONSUMER PROTECTION – Editor: Bernard McCabe
- Telstra v Optus: Can the Empire Strike Back? – Mitchell B Hughes
CASE NOTE – Editor: Christopher Hodgekiss SC
- Fish Oil Capsule Producer Caught Outside the Safe Harbour – Stephen Puttick
- The Australian Competition Tribunal in 2018 – Tim Luxton
REPORT FROM LATIN AMERICA – Editor: Omar Guerrero Rodríguez
REPORT FROM NEW ZEALAND – Editor: Lindsay Trotman
- Arrangements or Understandings Affecting Price: Clarification from the New Zealand Court of Appeal – Lindsay Trotman and Matthew Berkahn
For the PDF version of the table of contents, click here: AJCCL Vol 27 No 2 Contents.
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