Unfair Contract terms

On 14 March 2013, the Australian Competition & Consumer Commission (ACCC) published a report highlighting the result of the review of unfair contract terms.

The report includes a summary of its findings and identifies a number of contract clauses and practices with which ACCC has concerns.


The following provisions were of particular concern to ACCC and identify amendments ACCC commonly recommends:-
  1. Contract terms that allow the business to change the contract without consent from the consumer.
  2. Terms that cause confusion about any agency arrangements that apply and that seek to unfairly absolve the agent from liability.
  3. Terms that unfairly restrict the consumer’s right to terminate the contract.
  4. Terms those suspend or terminate the services being provided to the consumer under the contract.
  5. Terms that make the consumer liable for things that would ordinarily be outside of their control.
  6. Terms that prevent the consumer from relying on representations made by the business or its agents.
  7. Terms seeking to limit consumer guarantee rights.
  8. Terms that remove a consumer’s credit card chargeback rights when buying the service through an agent.

Feel free to contact me

if you have any contracts to which any of the above may apply