find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Legal Counsel
Category: Corporate and Commercial Law | Location: North Sydney NSW 2060
· 18 month fixed term contract · 3-5 years PQE with TMT exposure
View details
Firm applauds stance against 'unfair' contracts

Firm applauds stance against 'unfair' contracts

contract

An Australian firm has commended new changes that it says will protect tens of thousands of small businesses against “unfair” contracts.

The new changes to the Australian Consumer Law took effect on Saturday and will see amended rules applied to standard business form contracts entered into, renewed or amended after 12 November 2016.

According to Carroll & O’Dea Lawyers special counsel Ben Robertson, under the new rules, “unfair clauses will no longer be acceptable and caution must be exercised when drafting clauses that provide for: termination for the convenience of one party; variations to the scope of works and contract price, extensions of time to perform works under the contract; delay damages, substitution of materials; limitation of the liability of one party; and indemnities provided by one party to another”.

“These new changes will affect tens of thousands of small businesses across Australia,” said Mr Robertson.

“The changes mean that small businesses will be protected from unfair contracts that, among other things, cause a significant imbalance in the parties’ rights and obligations under a contract.

“In essence, unfair contracts benefit one party over the other.

The changes affect businesses with fewer than 20 employees and an up-front contract price of $300,000 or less, or $1 million or less for contract terms over 12 months.

“The introduction of these changes will mean much greater protection for small businesses, but are also a reminder for anyone involved in the preparation of standard short-form contracts to make sure that they now comply with the new regulations, said Mr Robertson.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Firm applauds stance against 'unfair' contracts
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
LCA president Fiona McLeod SC
Aug 17 2017
Where social fault lines meet the justice gap in Aus
After just returning from a tour of the Northern Territory, LCA president Fiona McLeod SC speaks wit...
Marriage equality flag
Aug 17 2017
ALHR backs High Court challenge to marriage equality postal vote
Australian Lawyers for Human Rights (ALHR) has voiced its support for a constitutional challenge to ...
Give advice
Aug 17 2017
A-G issues advice on judiciary’s public presence
Commonwealth Attorney-General George Brandis QC has offered his advice on the public presence of jud...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...