The Australian Consumer Law prohibits the use of unfair contract terms in certain standard form small business contracts. The Government is now consulting on proposed amendments which will, amongst other things, extend the regime to a substantially wider range of businesses and contracts, and introduce penalties for non-compliance.
On 13 December 2019, the Government released a consultation paper to seek stakeholders’ views about proposed amendments following a review of the current legislation by the ACCC.
The key proposals are:
The consultation period closes on 16 March 2020 following which we are likely to see an amending bill introduced.
Submissions can be made at https://consult.treasury.gov.au/. If you would like to discuss the proposed changes in more detail or making a submission please do not hesitate to contact Paul Dugan or Kylie Dunn.
This article provides general comments only. It does not purport to be legal advice. Before acting on the basis of any material contained in this article, we recommend that you seek professional advice.
Paul Dugan, Principal in our Disputes Team
Direct Telephone: +61 8 8210 2266
Kylie Dunn, Senior Associate in our Disputes Team
Direct Telephone: +61 8 8210 2286