In a judgment published yesterday concerning statutory unconscionability under the Australian Consumer Law, the Full Federal Court has confirmed that the statute itself recognises or embodies certain accepted and acceptable community standards against which conduct is to be evaluated. Accordingly, the task of the court in evaluating conduct against that statutory notion does not involve a search for what those accepted and acceptable community standards are.
Robert Craig KC and Tamasin Jonker of Alinea Chambers represented Mercedes-Benz Australia, the successful respondent in the appeal, together with Andrew McRobert and Conor O’Bryan, instructed by Maddocks.
The judgment is available here.
