Background
Conduct of the inquiry

'Unconscionable conduct' as currently codified in the TPA
Case law and section 51AC
The legal view of 'unconscionability'
The structure of the report

Options to strengthen 'unconscionable conduct' provisions in the TPA
Conclusion

If it ain't broke…
Legal concerns with amending section 51AC
Judicial caution
Conclusion

The need to amend section 51AC of the TPA
A definition of 'unconscionable conduct'
Procedural disadvantage and the setting of unconscionable conduct
Examples of unconscionable conduct: setting the threshold
Establishing an industry dialogue on standard setting
Principles of 'unconscionable conduct'
'Good faith'
Bullying, intimidation, physical force coercion and undue harassment
Actions, intentions and outcomes
Remedies
Conclusion

Need for statutory definition of unconscionable conduct
Need for statutory list of examples that constitute unconscionable conduct
Need for a prohibition against Bullying, intimidation, physical force coercion
undue harassment
Need for statutory definition of statutory duty of good faith
Need for legislative framework to deal with unfair contract terms in business
business relationships involving small businesses

Submissions Received
Additional Information

Public Hearings and Witnesses