Contract Law

unfair contract terms australian consumer law

How to challenge unfair contract terms under Australian Consumer Law

In Court cases on unfair contract terms, the ACCC has taken enforcement action against suppliers offering goods or services to small businesses or consumers, utilising terms and conditions on a ‘take it or leave it’ basis, containing unfair contract terms. The Court’s soon-to-be powers to impose significant monetary penalties for unfair contract terms are a …

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esigning wills covid 19

Beam Me Up Scotty – Witnessing Documents Over the Net During the Pandemic

Since 22 April 2020, legal documents can be witnessed and signed over the Internet in a legal milestone. On this date, the Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) came into effect. The Regulation is designed to overcome the NSW Government’s response to the COVID-19 pandemic has placed on gatherings, including legally …

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Termination of a Contract or Agreement, including your COVID-19 pandemic options

If you have a written contract, it will often contain a clause that allows either side to terminate the agreement if a specific condition is not met, usually the supply of goods and services or payment by some particular date. If the other party does not meet the requirement, you can choose to terminate the …

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Are Memorandum of Understanding or Heads of Agreement, MOU or HOA, a Binding Contract?

That depends. If two businesses or organisations are entering into big or complicated projects or relationships, sometimes people on either side like the idea of a symbol of commitment before the final contract. Usually in this situation, the parties start with a basic Memorandum of Understanding or a Heads of Agreement. Maybe there’s pressure from …

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