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Automatic renewal clauses in agreements have always risked being deemed unfair in particular when linked to early termination clauses. Recent ACCC media releases would suggest the focus is continuing. https://www.accc.gov.au/media-release/audio-company-please-hold-removes-alleged-unfair-contract-terms-for-small-business-customers https://www.accc.gov.au/media-release/suppliers-of-cami-and-itutor-home-tutoring-software-admit-to-using-unfair-contract-terms

The plaintiff does not seem to be having a particularly happy experience with this litigation, makes for an enjoyable (and brief) read. https://www.sclqld.org.au/caselaw/QSC/2021/293

That sounds pretty dramatic, doesn’t it? Well it kind of is, although this is not necessarily new law. But it does shine a spotlight on the fairly common asset protection strategy of the assets of a marriage being put in the name of a “safe” spouse, to keep them insulated against claims arising from the […]

Please note that this post was prepared before the changes to the standard REIQ contract made in early 2022, which changed the treatment of late payments in certain respects. At any time and in particular in a heated property market the buyer must be careful to perform obligations under a land contract when they are […]