In 2010 the Federal government introduced new laws providing for
unfair terms in standard form consumer contracts to be void. In
January 2011, these laws became part of the Australian Consumer
Law, which has standing as law on a Federal and State level.
A recent decision in the New South Wales Consumer, Trader &
Tenancy Tribunal ("CTTT"), Malam v Graysonline (link here
http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2012/197.html),
considered the application of these new laws to contracts entered
into online.
Mr and Mrs Malam purchased a table from the auction web site
graysonline.com. The table had a glass top. The auction was on
terms requiring the goods to be picked up by the buyer, and the
Malams arranged a courier to pick up their purchase. When it
arrived, the glass was smashed and other parts of the table were
bent. Mr Malam signed up for the user account with graysonline.com,
and like most people entering contracts online, clicked the
"yes" button to
