We have previously written articles regarding unfair contract
terms.
The Australian Consumer Law is contained in the Competition
and Consumer Act 2010. This Federal Legislation seeks to
provide protection to consumers where there is a standard form
contract used for the provision of goods or services. A standard
form contract is one which a company uses for all its customers and
is typically provided on a 'take it or leave it basis'- for
example, mobile phone contracts or internet provider contracts to
name just a couple.
The provisions of the Australian Consumer Law allow a consumer
to argue that a contract, or particular terms of a contract, are
unfair and to seek compensation for any loss that is incurred as a
consequence of this.