The unfair contract term provisions under the Australian Consumer Law raise significant issues for all businesses that utilise 'standard form contracts'. Forthcoming changes to the laws will significantly increase the risk associated with these laws, as it will soon be illegal to include 'unfair terms' in such contracts, exposing businesses to the risk of significant financial penalties.

This session will provide a summary of the new laws, and discuss how careful drafting can effectively manage the associated risks. Issues to be covered include:

• Undertaking an effective 'unfair term' review
• Documenting 'reasonable basis' for potentially unfair terms
• Understanding the ACCC's views as to what is 'unfair'
• Effective negotiation strategies to avoid the application of UCT laws
• Understanding when an onerous clause can still be 'fair'
• Techniques for drafting enforceable, once-sided clauses
• Use of mutuality and interpretation clauses to mitigate risk