Unfair Contract Terms in Australia

" (A) serious... book which will sit close by for frequent reference...a detailed and analytical (consideration) of the new legislation..This is one of the most succint (yet) comprehensive and analytical books that I have had the pleasure of reviewing...a must have reference book, it will be regularly referred to as a guide to this emerging legislation."

- Law Society Journal of Tasmania, January 2012

This new and timely work provides up-to-date and detailed analysis of the new ‘Unfair Contract Terms Law’ (UCTL) that was introduced as part of the Australian Consumer Law reforms of 2010, and which took effect in each state and territory from 1 January 2011.

The UCTL represents a radical change in consumer protection law and in contract law.

In Unfair Contract Terms in Australia experienced author and senior lecturer Dr Jeannie Paterson explains the operation of the UCTL and considers the implications for standard ‘boilerplate’ terms in consumer contracts. The work also examines the background to the reforms and utilises precedents drawn from similar regimes that have operated in Victoria and the UK.

Unfair Contract Terms in Australia will be highly useful for litigation purposes and compliance work.  It will appeal to competition, consumer and commercial solicitors and barristers as well as regulators involved in drafting, reviewing and enforcing standard form consumer contracts.

Traders dealing with consumers will find this work invaluable as they review their contracts to ensure compliance with the legislation.

Unfair Contract Terms in Australia is a vital resource for the adjustment to, and ongoing compliance with, the new law. 

KEY FEATURES:

• Why regulate Unfair Terms?
• Comparing the regulatory regimes – the UK and Victorian precedents
• Overview of the Australian Consumer Law and UCTL – the constitutional context, transitional arrangements for the UCTL and the approach to enforcement.
• Contracts and terms excluded from review for fairness
• Application of the UCTL
• Identifying and interpreting the terms of a contract subject to review
• The test of an Unfair Term
• Matters relevant in determining whether a term is unfair
• Enforcement, effect and remedies
• Unconscionable conduct and Unfair Terms
• The Consumer Guarantee Law
• The ‘Grey List’ of terms that may be unfair
• Common terms that may be unfair