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Unfair Contract Terms Flowchart

How can you check whether the terms within the contracts you are working on may be considered unfair under the new unfair contract terms provisions in the Australian Consumer Law and the Australian Securities and Investments Commission Act?

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Act) has introduced significant changes, including making the use of unfair contract terms illegal and subject to pecuniary penalties, and considerably expanding the application of unfair contract terms provisions relating to business-to-business transactions.

The Unfair Contract Terms flowchart can assist you to determine whether the contracts that you are drafting, reviewing or advising on are impacted by the recent sweeping reforms.

This flowchart and more information on unfair contract terms can be found inside Practical Guidance Consumer, a module which provides a clear view of the laws, codes, regulations, and procedures that affect how today’s businesses interface with consumers.

Enter your details for instant access to this free flowchart

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