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ARTICLE · 07 MARCH 2010

Expert Panel reports on unconscionable conduct

Norton Rose Fulbright Australia
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The Expert Panel appointed by Minister Craig Emerson has published its final report, entitled Strengthening statutory unconscionable conduct and the Franchising Code of Conduct.

AustraliaAntitrust/Competition Law
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Introduction

The Expert Panel appointed by Minister Craig Emerson has published its final report, entitled Strengthening statutory unconscionable conduct and the Franchising Code of Conduct. The report runs to well over 100 pages, and is a comprehensive analysis of the development and status of the law of unconscionable conduct.

The Expert Panel has rejected calls for extensive changes to the law of unconscionable conduct, or the establishment of a list examples or a statement of principles that would constitute conduct that was unconscionable unless it could be proven otherwise. Industry bodies have welcomed the key recommendations of the Expert Panel, and the rejection of calls for further unnecessary regulation. Apart from minor amendments to the Franchising Code of Conduct requiring additional disclosure in certain areas, the Expert Panel has not recommended any substantive changes to the law.

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