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Unfair contract terms, penalties and ACCC v Employsure 2020
When deciding whether a contractual term is unfair, a Court will likely consider if the term would cause a significant unbalance, if it is not reasonably necessary to protect legitimate interests, or if it would cause detriment. Careful consideration should be given to the inclusion of clauses of this nature in standard form contracts, especially…
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Unfair contract terms – automatic renewal clauses
9 November 2023 was a crucial date for Australian businesses because from that date significant penalties can now be imposed on businesses found to have unfair contract terms (UCT) in their contracts. The Federal Government had introduced significant changes to laws relating to UCT on 10 November 2022.
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Amendments to unfair contract terms
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (Amending Act) received royal assent on 9 November 2022, introducing significant amendments to the Australian Consumer Law (ACL). These amendments target the Unfair Contract Terms (UCT) provisions of the ACL, strengthening the rights of consumers while imposing stricter requirements on businesses using Standard Form…
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What are the ACCC’s 2023/2024 enforcement priorities?
The Australian Competition and Consumer Commission’s (ACCC) enforcement priorities for 2023/2024 include environmental and sustainability claims, scam detection and disruption, consumer law issues in the digital economy, unfair contract terms, essential services, energy and telecommunications and wholesale gas markets.
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Federal Court rules on unfair contract terms
This case serves as a reminder to businesses and consumers to review their contracts and ensure they are compliant with the Australian Consumer Law (ACL). Find out more about the Federal Court ruling and what it means for businesses and consumers.
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Unfair contract terms, small businesses and changes to the Australian Consumer Law
The Australian Consumer Law (ACL) is introducing changes to small business contracts, and businesses must be prepared. This article provides guidance on understanding and applying the changes, which come into effect on 12 November 2016. Learn more about how to protect your business from potential detriment.
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Businesses’ obligations when trading online – Competition and Consumer Act 2010
The Competition and Consumer Act 2010 (Cth) provides legal remedies for those aggrieved by a business’s online conduct, such as penalties, damages, etc. This article explores remedies for misleading, deceptive, unconscionable conduct and unfair contract terms.
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The Competition and Consumer Act 2010 (Cth) and consumer transactions
Businesses supplying goods or services to consumers or competitors must understand the Competition and Consumer Act 2010 (Cth) (CCA) to ensure they are compliant. Learn more about how to ensure fair treatment of customers and minimise risk of breaching the CCA.
Unfair contract terms
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