Contract Law

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Court confirms pattern of conduct by Franchisor unconscionable, misleading and deceptive

March 2019 The Federal Court of Australia confirms that a pattern of conduct by a car wash Franchisor (Geowash)  was unconscionable, misleading and deceptive, and in breach of an obligation to act in good faith Key Takeaways A Court may determine a franchisor has engaged in unconscionable conduct or did not act in good faith [...]

By | 2019-03-15T10:30:11+11:00 March 15th, 2019|Business, Consumer Law, Contract Law, Retail|Comments Off on Court confirms pattern of conduct by Franchisor unconscionable, misleading and deceptive

ACCC enforcing small business unfair contract terms

August 2018 ACCC enforcing small business unfair contract terms A number of developments have come to light since our February update on new Australian Consumer Laws (ACL) with respect to unfair terms in business-to-business ‘standard form’ contracts (B2B contracts) (see here: https://www.teneolegal.com.au/small-business-unfair-contract-terms-one-year-on/). Early engagement with regulators In the Agri-business sector, AWB Harvest Finance Pools Pty [...]

By | 2018-08-16T12:02:56+11:00 August 16th, 2018|Business, Consumer Law, Contract Law|Comments Off on ACCC enforcing small business unfair contract terms

Contract term that restricts time for making claim under ACL, unenforceable

August 2018 Contract term that restricts time for making claim under ACL, unenforceable Overview In a recent decision in the Victorian Supreme Court Justice Riordan, held that it is contrary to public policy to restrict the statutory remedy provided in s 236 of the Australian Consumer Law (ACL) by limiting the time in which a [...]

By | 2018-08-03T17:11:18+11:00 August 3rd, 2018|Business, Consumer Law, Contract Law|Comments Off on Contract term that restricts time for making claim under ACL, unenforceable

Small Business Unfair Contract Terms – One Year On

February 2018 Summary Since the 2016 amendments to unfair contract term provisions of the Australian Consumer Law with respect to standard form contracts entered into with small businesses, the ACCC has been actively seeking out and assessing alleged unfair contract terms in accordance with their Compliance and Enforcement Policy. Their first Court action, taken against [...]

By | 2018-02-20T11:30:26+11:00 February 20th, 2018|Business, Contract Law|Comments Off on Small Business Unfair Contract Terms – One Year On