New Directions in How Legislators, Courts, and Legal Practitioners Approach Unconscionable Conduct and Good Faith

Abstract

The law and practice surrounding unconscionable business conduct and good faith in commercial contexts is a controversial topic at the best of times. This topic is especially relevant for an audience comprising solicitors, barristers, judges, and academics who respectively litigate, advocate, adjudicate, and educate in this field of commercial activity. Recent legislative reform initiatives, test case litigation, and other regulatory developments have significant practical implications for advice, transactions, and judgments in both consumer and business contexts.

For some time, these developments and implications have occupied the attention of federal and state legislatures, courts at all levels throughout Australia, barristers’ chambers and law firm offices, and various business and industry sectors.