Concrete Constructions turns 15

Section 52 of the Trade Practices Act 1974 (Cth) (and mirror provisions in the State and Territory Fair Trading legislation, and the Australian Securities and Investments Commission Act 2001 (Cth)) applies to conduct occurring in trade or commerce. The requirement serves as a limit on the operation of what is otherwise a broad-ranging prohibition. The High Court's decision in Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 was an attempt to reinforce the limitation. The lower courts have struggled with the characterisation process required by the High Court in the 15 years since Concrete Constructions was handed down. This article explores that struggle in four areas: the conduct of professionals, employers, public officials and managers, and politicians. It follows on from an earlier article in the Journal titled "Revisiting Concrete Constructions".