Expanded unfair contracts provisions in effect from 9 November, 2023

Expansions to the Unfair Contracts provisions of the Australian Consumer Law come into effect on 9 November 2023.

These provisions substantially widen the application of the legislation to “standard form” contracts, whether with consumers or businesses where one party to the contract is a business that employs less than 100 people (subject to adjustment for part time employees), or has a turnover in the previous year less than $10M.

Importantly, there are now penalties for unfair contract terms, which will be a significant deterrent from their use.

If you use standard forms of contract, it should be checked for compliance.

For advice in relation to these matters, contact Peter Muller or Megan Hanneman on 5574 0111.