The novel coronavirus / COVID-19 pandemic continues to cause mass disruption across the globe, with the extent of the damage yet to be understood. It has led to businesses examining their business models, cutting expenses and re-negotiating contractual relationships. It is hoped that, in this time, people and entities try to work together for general survival, rather than focussing on black letter law. However it is important to know how your contracts work, and your potential options. It is also important to prepare, commercially and legally, for the next black swan event.
In the recent case of Australian Competition and Consumer Commission v Lux Distributors Pty Ltd  FCAFC 90 (Lux), the Federal Court provides valuable guidance on the meaning of unconscionable conduct under the Australian Consumer Law.