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What is an unfair contract?

The Australian Consumer law introduced protection against unfair contracts from January 2011. ┬áBut this is an area of law that many people still haven’t heard about.

The law applies only to:

A contract term is unfair if it:

Examples might include terms that:

Regulators like the Australian Competition and Consumer Commission and the Queensland Office of Fair Trading (for goods and services) and  the Australian Securities and Investment Commission (for financial products) consider complaints about unfair contracts and can investigate.

Insurance contracts are currently exempt from the unfair contracts laws, despite lobbying by consumer advocates to have them included.

Our Legal Diagnosis Service can help if you are wondering if the unfair contracts laws might apply to a contract you have.