Unfair contract term laws of Australia / Peter Sise.

St. Leonards, N.S.W. : LexisNexis Australia, 2026.

1st edition

203566

Immoral contracts -- Australia.

Contracts -- Australia.

Consumer protection -- Australia.

1. Introduction to the unfair contract term laws

2. Eras of unfair contract term laws

3. Identifying contractual terms

4. Sources of the unfair contract term laws

5. Standard form contracts

6. Consumer contracts

7. Small business contracts

8. Excluded contracts and excluded terms

9. Insurance contracts

10. Government contracts

11. Introduction to the test of unfairness

12. Test of unfairness - element 1

13. Test of unfairness - element 2

14. Test of unfairness - element 3

15. Factors when applying the test for unfairness

16. Consequences of a term being unfair

17. Accessorial liability and attempted contraventions

18. Addressing the risk of unfairness

19. Terms for unilateral actions and the provision of services

20. Terms addressing defaults and disputes

21. Boilerplate and miscellaneous terms

22. Other legislation addressing unfair terms

Appendix 1 Flowchart of the Application of UCT laws

Appendix 2 Terms amended in Australian Securities and Investment Commission (ASIC ) v Bank of Queensland Limited

Appendix 3 Terms amended in Australian Securities and Investment Commission (ASIC ) v Bendigo and Bank of Adelaide Ltd.

Standard form contracts dominate modern commerce, and with them, unfair contract term laws have become one of the most important and fast‑evolving areas of Australian law. Expanded in 2016, strengthened again in 2021, and fundamentally transformed in 2023 with the introduction of penalties and sanctions, these laws now sit at the centre of contract drafting, advisory practice and regulatory enforcement. Written for in‑house counsel who draft and review standard form contracts, private practice solicitors who advise on them, regulators who bring enforcement proceedings regarding unfair terms, contract law students, and judicial officers, Unfair Contract Term Laws of Australia is an indispensable guide to an area of law that now affects almost every contract in Australia. Features: Drawing together all legislation and case law to date, provides a clear, coherent framework for understanding how the regime operates in practice ; Goes beyond the statutes to examine closely related doctrines − including the interpretation of standard form contracts, accessorial liability, the liability of government entities under contract, parallel statutory regimes and various clauses such as exclusion of liability and restraints of trade − areas that are essential to a meaningful unfairness analysis but rarely addressed elsewhere ; Also addresses the emerging penalties regime, the limits of tribunal jurisdiction, and the true precedential value of key decisions, noting where outcomes were reached by consent or without contest. - Publisher's website.

Includes bibliographical references and index.

9780409363968

lviii, 559 pages ; 25 cm