The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four terms in that standard form contract are unfair contract terms and therefore void (ie. of no effect).
ABOUT THE CASE -
Bytecard Pty. Limited (better known as NetSpeed Internet Communications) is a provider of internet access services throughout Australia. NetSpeed offers its services under standard form contracts that include a list of 'Terms and Conditions' (T&Cs).
The case concerned the T&Cs in use during the period from 1 January 2011 to April 2013. The terms declared void are set out in full in the attachment at the end of this Update.
Please see full update below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.
Topics: ACCC, Australia, Contract Disputes, Contract Drafting, Contract Interpretation, ISPs, Terms and Conditions, Void and Unenforceable
Published In: Antitrust & Trade Regulation Updates, General Business Updates, Consumer Protection Updates, Science, Computers & Technology Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© DLA Piper | Attorney Advertising