A solicitor providing legal advice acts 'in trade or commerce' for the purposes of s 42 Fair Trading Act (NSW), but inadvertent failures to advise do not constitute actionable 'conduct' under s 4(4) of that Act. Default interest rate provisions in short-term loans at extremely high rates (96-120% pa compound) are unjust under the Contracts Review Act even where the borrower supplied false information about income, and the appropriate relief is reduction to the lower contractual rate at simple interest. Loans taken out for investment purposes are not 'for the purpose of trade or commerce' within s 51AC Trade Practices Act. The concept of causation under s 68 Fair Trading Act operates in the same way as in the tort of negligence.
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