Since the Australian Consumer Law was amended to include protections for small businesses from unfair contract terms in November 2016, the Australian business community has eagerly awaited the testing of the new regime.
In Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd  FCA 1224 the ACCC contended that a number of terms in a standard form contract were “unfair” with regards s 24 of the ACL.
In what circumstances are standard terms binding?
Changes to the Australian Consumer Law (ACL) have impacted the drafting and litigation of contracts. In this context, how binding are standard terms?
Unfair Contract Terms Protections Extended to Small Businesses.
As of November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 extended the unfair contract terms protections to cover small businesses. Prior to this only consumers benefited.