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Australian Competition and Consumer Commission (ACCC) Contract Terms

K&L Gates LLP

Unfair Contract Terms Continue to be a Major Enforcement Priority for ASIC and the ACCC: Prosecutions of PayPal and Auto & General...

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In Brief - Following reforms to the unfair contract terms (UCT) regime on 9 November 2023, the Australian Securities and Investments Commission (ASIC) and the Australian Competition and Consumer Commission (ACCC) are...more

K&L Gates LLP

Australian Unfair Contract Terms Laws and International Business: High Court Finds Global Contract Subject to Australian Laws and...

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In Brief - The High Court of Australia (the Court) has provided important guidance on the application of Australia’s unfair contract terms (UCT) regime to global standard form contracts, the validity of class action waiver...more

K&L Gates LLP

Pricing and Selling of Essential Services, Greenwashing, Unfair Contract Terms, Among the ACCC's 2023-24 Compliance and...

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The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more

K&L Gates LLP

One Size Does Not Fit All: Court Declares 38 Terms in Fujifilm Small Business Contracts to be Unfair and Void

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In Brief - The Federal Court has declared 38 terms across 11 of Fujifilm's (being Fujifilm Business Innovation Australia or Fujifilm Leasing Australia) small business contracts to be unfair contract terms (UCT) and void under...more

K&L Gates LLP

Who's the Fairest of Them all? Government and Opposition Battle Over Small Business Contract Protections

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ACCC Chair, Rod Sims has recently argued the present remedies that apply against Unfair Contract Terms are inadequate to deter businesses from including such terms in standard contracts with small businesses. ...more

K&L Gates LLP

Unfair Contract Terms in Small Business Contracts: ACCC Takes its First Court Action Against JJ Richards

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On 6 September 2017, the Australian Competition and Consumer Commission (ACCC) commenced proceedings against JJ Richards & Sons Pty Ltd (JJ Richards), one of Australia's largest privately-owned waste management companies. ...more

Jones Day

Australia Adds Indemnities and Limitations of Liability

Jones Day on

Recent amendments to the Australian Securities and Investments Commission Act 2010 (Cth) ("ASIC Act") and the Competition and Consumer Law Act (Cth) ("CC Act") extended the unfair contract terms regime, which previously...more

K&L Gates LLP

Are You Ready for the Extension of the Unfair Contract Terms Regime to Small Business?

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In Brief: Since 2010, the Australian Consumer Law (ACL) and the ASIC Act have prohibited and made void terms in standard form contracts with consumers that were unfair. From 12 November 2016, the Unfair Contract Terms...more

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