Consumer Protections and Unfair Commercial Dealings: Knowing When to Toe the Line – a recorded lunchtime online conference

Duration: Approximately 2.5 Hours

Hear from the experts at this online conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.

THE PROGRAM

Session 1: 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 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

Session 2: Unconscionability and Commercial Agreements

Recent case law has significantly broadened the scope of statutory unconscionable conduct and the new landscape has become much stricter. Clients providing goods or services to small businesses or consumers need to be across the key changes to ensure they don’t face an unconscionable conduct claim down the track. This session looks at the main issues, including:

• Understanding the prohibitions against unconscionability and when they applies
• Broadening the scope of statutory unconscionability – case law update from ACCC v Quantum Housing Group P/L [2021] FCAFC 40
• Removal of “special disadvantage or vulnerability” – what will this mean in practice?
• Why being misleading may be enough to create liability
• Implications for business and what is necessary to remain compliant
• Case law update

Session 3: Consumer Guarantees: The Sky’s the Limit

Australian Consumer Law contains a number of consumer guarantees and associated remedies. How well do we understand them? With recent changes to consumer guarantee thresholds, it has never been more important to be across the key issues. This session covers:

• Consumer guarantees – just who is guaranteeing what?
• What are the guarantees and what do they cover?
• What business can and cannot say in relation to consumer guarantees
• Consumer guarantee and goods – when can a consumer obtain a remedy?
• Consumer guarantees and services – when is a consumer entitled to a remedy?
• What is meant by major and minor remedy and when do they apply?
• Compensation for consequential loss – what is it and when does it apply?
• Do the terms and conditions require updating?
• Do contract terms with manufacturers properly account for ACL compliance?
• Case studies