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Unfair contract terms
The Australian Consumer Law (ACL) is in sch 2 of the Competition and Consumer Act 2010 (Cth). Part 2–3 of the ACL is titled “unfair contract terms”, and this part forms Australia’s unfair contract terms regime. This guidance note provides an overview of the unfair contract terms regime, and explains key legal concepts, including the meaning of “standard form contract” and what is “unfair” (and examples are provided).
Currently there is very little legal commentary or guidance from regulators regarding the application of the unfair contract terms legislation to guarantees. This guidance note outlines some matters regarding guarantees in the context of the unfair contract terms regime that legal practitioners should consider.
See Unfair contract terms.
