*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
The latest issue of the Australian Journal of Competition and Consumer Law<\/em> (Volume 23 Part 3) contains the following material:<\/p>\n EDITORIAL<\/a><\/p>\n Unconscionable conduct in equity and under statute: The Australian Consumer Law and the Lux decision <\/em><\/strong><\/a>\u00e2\u20ac\u201c Hayden Fielder<\/p>\n The test for what constitutes \u00e2\u20ac\u0153unconscionable\u00e2\u20ac\u009d conduct under s 21 of the Australian Consumer Law (ACL) changed significantly when the Full Court of the Federal Court of Australia handed down its 2013 decision in ACCC v Lux Distributors Pty Ltd. Conduct must now be assessed by reference to a \u00e2\u20ac\u0153norms and standards\u00e2\u20ac\u009d test in determining whether there has been a contravention of s 21. The extent to which this new test differs with the previous \u00e2\u20ac\u0153moral obloquy\u00e2\u20ac\u009d test is somewhat unclear. This article will examine and compare the current tests applied by the courts under the ACL and in equity when assessing whether conduct is unconscionable. Further, it will outline the circumstances in which an action under the ACL may be more favourable than an action in equity, particularly in regard to the different remedies available.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n Government exemption from competition and consumer law: Has Harper patched the holes? <\/em><\/strong><\/a>\u00e2\u20ac\u201c Nick Seddon<\/p>\n At all levels of government in Australia (with some exceptions), there is immunity from competition law and from the Australian Consumer Law when government bodies are engaged in procurement for governmental purposes. This is because government bodies are bound only insofar as each \u00e2\u20ac\u0153carries on a business\u00e2\u20ac\u009d. The final Harper Report has recommended that the words \u00e2\u20ac\u0153carries on a business\u00e2\u20ac\u009d be replaced by \u00e2\u20ac\u0153in trade or commerce\u00e2\u20ac\u009d. If implemented, this recommendation will remove a serious flaw in the way in which the legislation has operated.<\/p>\n To purchase this article, complete the Individual Article Sale<\/a> order form and email it to tlranz.journal.orders@thomsonreuters.com<\/a>.<\/p>\n ACCESS TO SERVICES<\/a><\/p>\n AUTHORISATIONS AND NOTIFICATIONS<\/a><\/p>\n CONSUMER PROTECTION<\/a><\/p>\n UNCONSCIONABLE CONDUCT AND CODES OF CONDUCT<\/a><\/p>\n CASE NOTES<\/a><\/p>\n COMMISSION CAMEOS<\/a><\/p>\n REPORT FROM AFRICA<\/a><\/p>\n REPORT FROM LATIN AMERICA<\/a><\/p>\n ODDS AND ENDS<\/a><\/p>\n For the pdf version of the table of contents, click here: AJCCL Vol 23 No 3 Contents<\/a>.<\/p>\n\n
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