Statutory unconscionability under s 8(1) of the Fair Trading Act 1999 (Vic) and cognate provisions requires a showing of moral taint or ethical wrongdoing — conduct that is unethical and deserving of reproach. Mere unfairness or unreasonableness, without more, is insufficient. The s 8(2) factors are indicia of unconscionability but their presence does not automatically render conduct unconscionable. Norms of honesty, fair dealing and the exclusion of exploitation and deception inform the standard, and these norms may be detected in the principles of public policy immanent in consumer protection legislation.
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