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ARTICLE · 19 DECEMBER 2018

ACCC continues to combat unfair contract terms

Holding Redlich
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The ACCC cracked down on the waste management sector for the use of unfair contract terms in standard form contracts.

AustraliaConsumer Protection
Darren Pereira
Darren Pereira
Olivia Pasternak
Olivia Pasternak
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The ACCC has recently cracked down on the waste management sector in relation to their use of unfair contract terms (UCT) in standard form contracts. Further, the ACCC is advocating for the "toughening up" of UCT laws in order to ensure that large businesses toe the line.

Background

From 12 November 2016, the existing UCT protections for consumers were extended to cover standard form contracts entered into by small businesses. Since then, the ACCC has initiated numerous enforcement actions, including two of which that have been the subject of judgment in the Federal Court (see our previous articles on ACCC v JJ Richards and ACCC v Servcorp here and here).

More recently, the ACCC commenced an investigation into Visy Paper Pty Ltd (trading as Visy Recycling), Cleanaway Pty Ltd and Suez Recycling & Recovery Pty Ltd (the Waste Management Companies) regarding concerns that certain terms in their standard contract were unfair.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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