Unconscionable conduct represents a form of unfair and unethical behaviour that goes against principles of good faith, honesty, and reasonableness. Featherstone & Associates offers legal guidance to individuals and businesses navigating the complexities of unconscionable conduct, aiming to ensure fair practices prevail in commercial transactions.
What is Unconscionable Conduct?
Unconscionable conduct refers to actions or practices that are so unfair, unreasonable, or oppressive that they shock the conscience.
Section 21 of the Australian Consumer Law (ACL) states that parties must not, in trade or commerce, in connection with the supply or acquisition of goods or services, engage in conduct that is, in all the circumstances, unconscionable.
In the context of commercial dealings, this behaviour often involves taking advantage of a power imbalance, exploiting vulnerabilities, or engaging in deceptive practices to gain an unfair advantage.
Featherstone & Associates assists clients in recognising instances of unconscionable conduct within their business dealings. Whether you are an individual consumer or a business entity, our legal expertise enables you to identify and address situations where one party has acted unfairly, exploiting the other's weakness or ignorance.
Key Elements of Unconscionable Conduct
Understanding the key elements that constitute unconscionable conduct is crucial. Featherstone & Associates provides clarity on factors such as undue influence and duress.
There are three elements of unconscionable conduct:
- there must be a special disadvantage between the parties;
- there must be an unconscientious taking of that advantage; and
- the defendant cannot establish that the transaction was fair, just and reasonable.
Recognising these elements helps our clients make informed decisions about whether they have been subjected to or unintentionally engaged in unconscionable conduct.
Our Approach
Legal Remedies and Representation
For individuals or businesses that have fallen victim to unconscionable conduct, Featherstone & Associates offers advice on legal remedies and protections. This may include seeking damages, rescinding a contract, or obtaining injunctive relief to halt ongoing unfair practices. Conversely, if you are a business accused of unconscionable conduct, we provide robust defence strategies.
Legal Compliance and Risk Mitigation
Ensuring legal compliance and proactively mitigating risks associated with unconscionable conduct is a fundamental aspect of responsible business management. Featherstone & Associates assists businesses in developing policies and practices that align with ethical standards, reducing the likelihood of legal disputes and protecting corporate integrity.
For comprehensive guidance on unconscionable conduct and related legal matters, consult with Featherstone & Associates. Our commitment is to uphold fair and ethical business practices, ensuring that our clients are empowered to navigate the complexities of commerce with integrity and legal acumen.
Why Choose Featherstone & Associates for Competition & Consumer Law Matters?
- Comprehensive Legal Support: Featherstone & Associates offers comprehensive legal support for businesses navigating the intricate landscape of Competition and Consumer Law. Whether you are a startup dealing with initial legal requirements or an established business seeking strategic advice, our team is here to be your trusted legal partner.
- Entrepreneurial Insight: With firsthand experience in launching businesses across various sectors, our team understands the entrepreneurial journey. This insight goes beyond traditional legal counsel, allowing us to provide practical solutions and strategic guidance tailored to the specific challenges of your business.
- Results-Driven Approach: Our commitment to achieving the best outcomes for clients is reflected in our results-driven advocacy. We guide businesses through the complexities of Competition and Consumer Law, minimising potential consequences and working towards favourable resolutions.
- Client-Centric Focus: Recognising the stress associated with legal matters, our client-centric approach ensures that individuals and businesses receive personalised support tailored to their unique needs. We prioritise transparent communication, keeping clients well-informed throughout the legal process.
- Educational Support: Featherstone & Associates is passionate about knowledge-sharing. We believe in educating our clients about their legal rights and obligations. This commitment to education extends to our client interactions and our willingness to assist other legal professionals in understanding complex scientific concepts.
- Specialist Knowledge: Our specialised knowledge, including the expertise of Roisin Featherstone in health sciences and law, positions Featherstone & Associates as a strategic ally in the competitive landscape. This unique combination allows us to offer insights that span across diverse industries.
A Partner for the Journey
Our relationship with you isn't transactional; it's a long-term partnership. We are here to be your trusted advisor. In the space of competition and consumer law, where navigating fair practices and market compliance is vital for business owners, we are dedicated to helping you foster a business environment where fair competition and consumer protection thrive.
Our relationship with your business or startup is more than just legal counsel – it's a collaborative journey. As your business or practice evolves and faces new challenges, particularly with increasing regulatory demands, we stand ready to adapt our legal experience to ensure your ongoing success.
Complete our Enquiry Form or email us at contact@featherstone.law today to arrange a free, no obligation discussion about your matter.