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ARTICLE · 22 MARCH 2016

Unfair business contracts

New legislation will change the way that small businesses can negotiate and contract with other businesses.

AustraliaConsumer Protection

IN BRIEF

In a major shift for Australian business, legislation will come into effect on 12 November 2016, which will change the way small businesses can negotiate and contract with other businesses.

As we wrote about it in a previous newsletter, don't get caught out by the new legislation.

Generally, the law does not intervene when two business entities, regardless of their size, enter into a contract. However, following the passing of the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015, the Australian Consumer Law (located in Schedule 2 of the Competition and Consumer Act 2010) will be amended to introduce protection against unfair contract terms where one party is a small business.

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