Unconscionability

Unconscionable conduct by corporations in commercial dealings with consumers has been prohibited by Australia's Trade Practices Act 1974 ("the Act") since 1992, when S.51AA was expressly inserted in the Act to prohibit unconscionable conduct "within the meaning of the unwritten law".

Section 51AA was not inserted to impose a new head of consumer protection law but, rather, to extend the remedies available under the Trade Practices Act to unconscionable conduct in so far as the concept of unconscionable conduct is recognised and applied by the courts in common law or equitable jurisdictions. In our cases against the banks the question of unconscionable conduct by the banks towards their Storm customers must be a significant factor. Unfortunately, nothing in law is ever clear cut! Certainly not where the issue of "Unconscionable conduct" is concerned so we can't rely on that avenue alone. 

I suggest you read "The Case Against Unconscionable Conduct" by John Keogh (attached below) that gives you some insight into this aspect. It makes for interesting reading even though it is not directly related to our cases.