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100232
Individual Podcasts

Unfair Contract Terms - Drafting to Ensure Compliance

Over the years, the scope of Australia’s unfair contracts regime has steadily broadened, capturing a great number of contracts between consumers and businesses. This practical session examines the current playing field, and provides clear strategies to implement when preparing com
PRESENTED BY Hugh Smith Senior Associate - Chamberlains Law Firm , Canberra

Date/Time

About the Podcast

Over the years, the scope of Australia’s unfair contracts regime has steadily broadened, capturing a great number of contracts between consumers and businesses. This practical session examines the current playing field, and provides clear strategies to implement when preparing commercial contracts, including:

  • Understanding unfair contract terms - what makes a term unfair?
  • Consequences of a finding of unfairness
  • Factors to consider in determining unfair contract terms:
  • Breadth of term,
  • Standard form contract
  • Contract purpose
  • Some examples of unfair contract terms:
  • Automatic renewal clauses
  • Unilateral price increases
  • Price setting after contract formed
  • Restricting commentary about a business
  • Unfair indemnity clauses
  • Drafting to avoid risk of unfair contract term
  • Force Majeure and unfair contract terms
  • Case update – Mitolo Group P/L undertaking with ACCC

Presented By

Hugh Smith
Senior Associate, Chamberlains Law Firm Canberra, ACT

Hugh is a Senior Associate at Chamberlains Law Firm which has ranked in the top 10 fasting growing firms at the Australasia Law Awards of two occasions in the last 7 years. Hugh specializes in commercial drafting and corporate disputes and practices mainly in the Federal Court and the Federal Circuit and Family Court.

Hugh has risen through the ranks of Chamberlains, from a junior lawyer to Senior Associate with accolades over the last 6 years for his drafting and advocacy skills.

Hugh is also known either affectionately or otherwise as a “tik tok” lawyer, having a legal tik tok page called Hugh’s Hunch where he engages with both solicitors (junior and senior) and members of the public.

CPD Information

0.5 CPD units

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