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ARTICLE · 21 SEPTEMBER 2017

The ACCC gets serious about B2B unfair contract terms

Hunt & Hunt
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The ACCC has alleged that this waste management company's standard form contract contains unfair terms and conditions.

AustraliaConsumer Protection
Russell Wiese
Russell Wiese
Nick Miller
Nick Miller
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The ACCC has commenced a proceeding against a waste management company alleging that its standard form contract contains unfair terms and conditions. It is the first such proceeding by the ACCC under the small business unfair contract laws that commenced in November 2016. It is a sharp warning to businesses to review their standard form contracts.

The ACCC has alleged that the company's terms and conditions were unfair because they:

  • created a significant imbalance in the rights and obligations of the parties
  • were not reasonably necessary to protect the legitimate interests of the company
  • would, if relied on, cause significant detriment to the small business.

The terms that will be reviewed by the Court include:

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