CHOICE response to Full Federal Court ruling on Quantum Housing Group in regards to 'unconscionable conduct':

Quotes attributable to CHOICE policy advisor, Amy Pereira: 

"The Australian Consumer Law is clearer today as a result of the ACCC testing 'unconscionable conduct' in the Federal Court. The case has clarified that the Australian Consumer Law does not require the exploitation of disadvantaged or vulnerable consumers for business conduct to be regarded as 'unconscionable'. This important ruling dictates that 'unconscionable conduct' offends conscience and goes against the norms of acceptable and fair trading. This aligns with community expectations and speaks to the intended purpose of the law - the protection of all Australians under consumer law, no matter their social or economic status."

"This ruling now expands the remit of the unconscionability provision under the law and extends protections to consumers who suffer from unacceptable and egregious business conduct, but who may otherwise not be described as 'vulnerable' or 'disadvantaged'." 

"While the 'unconscionable conduct' provision is a crucial part of the consumer protection framework, CHOICE supports the introduction of an 'unfair practices' provision. The unfair practices provision would be more responsive and effective in preventing emerging and existing predatory business systems in the Australian market, and has already proven to be valuable in similar jurisdictions like the UK and US." 

Media contact: Katelyn Cameron, 0430 172 669, [email protected]

Editor's notes: 

For more information on unconscionable conduct under the Australian Consumer Law, click here: 

https://www.accc.gov.au/business/anti-competitive-behaviour/unconscionable-conduct