16 MAY 2013

Recent actions taken by the Australian Competition and Consumer Commission (“ACCC”) suggest the ACCC is giving more attention to enforcing the unfair contract terms legislation. This serves as a timely reminder of the need to review your standard trading terms to ensure the protections you seek to rely on are drafted in a way which will stand up to legal challenge.

In the last few weeks, the ACCC commenced legal proceedings in the Federal Court against Netspeed Internet Communications (an internet service provider) alleging certain clauses in Netspeed’s standard trading terms are unfair to consumers and void under the unfair contract terms legislation. The terms in issue include those which, in effect: Continue Reading