CORPORATIONS – unfair contract terms – where the respondent included a term to the effect that the user of its services had 60 days to notify the respondent in writing of any fee error and that, if the user did not notify the respondent within that time, the respondent would have no obligation to correct the error – where ASIC commenced a proceeding contending that the term was an unfair term within the meaning of the relevant provision, and void in standard form contracts with small businesses – where the respondent made admissions and the parties jointly proposed that the Court make declarations and an injunction – held: declarations and orders made substantially in the terms proposed by the parties
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0762
For more information, see the original judgement.