Trade Practices: 
Unfair conduct

Trade Practices
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  • Neale Paterson - Melbourne
  • Unfair (Unconscionable ) conduct

    The Trade Practices Act provides some relief for suppliers or purchasers of goods, services and loans, when the other party to a transaction has behaved in a way that is unfair or unconscionable. 

    Though that may sound a bit vague, the law provides the courts with a wide scope to protect you.  In assessing whether unfair conduct has occurred, the law considers:

  • the relative strength of bargaining position of each party;
  • whether one party has imposed unnecessary or uncommercial conditions upon the other;
  • the ability (or lack) of one party to understand contractual documents;
  • unfair tactics or pressure used; and
  • failure to comply with applicable industry codes of conduct.


    If you have been the victim of unfair or unconscionable conduct, you may be entitled to get out of a contract or receive compensation.

    For relatively minor complaints, we recommend that you view Consumer Affairs Victoria website:  www.consumer.vic.gov.au, which sets out a number of fact sheets and provides guidance for resolving consumer complaints.

    Where the matter is more serious, you have lost a lot of money or you, as a trader, find yourself being investigated, talk to our lawyers about your position.

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