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ARTICLE · 02 JUNE 2020

Terminators beware – ACL application to small business contracts

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Summary of the key amendments to the ACL that aim to provide protection for small businesses.

AustraliaConsumer Protection
Christine Jones
Christine Jones
Marie-Louise Scarf
Marie-Louise Scarf
Thomas Rubic
Thomas Rubic
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On 12 November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) extended many of the protections of the Australian Consumer Law (ACL) to small businesses contracts entered into on or after this date. Those protections also apply to the provisions of a contract that is renewed or varied on or after this date, to the extent of the new provisions. As parties affected by COVID-19 seek to enforce various termination, extension of time, variation and compensation clauses in their contracts, it is an opportune time to review these protections and how the Courts have applied them since their commencement.

Key amendments to the ACL

In summary, the key amendments to the ACL are:

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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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