Empowering Analysis of Unconscionable Conduct in the ASIC Act 2001

Executive Summary Unconscionable conduct is the focused point of ss 12CA and 12CB of the Australian Securities and Investment Commission Act 2001 (Cth). Australian Law Reform Commission (ALRC) Background Paper FSL9 (link) argues that the proliferation and overlapping of existing legislations, specifically ss 12CA and 12CB of this Act, create ‘’unnecessary complexity in the law’’.…