What is unconscionable conduct?
Unconscionable conduct is unfair or unreasonable conduct in business transactions that goes against good conscience. This can occur in transactions between businesses or in transactions between businesses and consumers.
The exact meaning of ‘unconscionable conduct’ is not defined in the ACL. The ACL lists several factors that the court considers when deciding if a party has acted unconscionably. However, the court is able to consider any other matters it believes are relevant.