Jurisdiction: Australia

The ACCC and state and territory consumer protection agencies are ramping up the exercise of their regulatory powers in response to potential non-compliance with the button battery safety and information standards that came into effect...

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An overview of ACCC v Mazda Australia Pty Limited [2023] FCAFC 45 where the Full Court has clarified the approach it might take in assessing false or misleading representations and unconscionable conduct...

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Unfair contract term penalties are fast approaching! Over the last few weeks, we have dived into a number of topics related to UCTs....

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This post is the second instalment of our deep dive into clauses that, despite not being mentioned as grey list clauses in section 25 of the Australian Consumer Law (ACL), are still ones to be...

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In our previous posts about the UCT regime, we have explored some of the clauses listed in the grey list in section 25 of the ACL, which are the most typical UCTs. In this post,...

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Changes to the ‘ACCC immunity and cooperation policy: frequently asked questions’ increase the price of immunity...

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Are class action waiver clauses unfair under the UCT regime in the Australian Consumer Law?...

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exclusive jurisdiction

All’s Fair in Law and Forum?

May 3, 2023 | 0 Comments

Are exclusive jurisdiction, choice of forum and choice of law clauses unfair under the unfair unfair contract terms regime in the Australian Consumer Law?...

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Bringing balance to indemnity clauses

May 1, 2023 | 0 Comments

How to ensure indemnity and limitation of liability clauses comply with the Unfair Contract Terms regime...

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Don’t Go Breaking My Contract

April 28, 2023 | 0 Comments

When unilateral termination and penalty clauses may be unfair under the ACL...

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