When Australia's unfair contract terms regime was first
introduced in the Competition and Consumer Act 2010 (Cth)
and the Australian Securities and Investments Commission Act
2001 (Cth) its application was limited to consumer contracts.
In order to be caught by the regime, the relevant contract needed
to involve the supply of goods or services, or sale of land, to an
individual where the acquisition was wholly or predominantly for
personal, domestic or household use or consumption.
From 12 November 2016, the unfair contract terms regime now
applies to new standard form small business contracts entered into
or renewed, and to any variation of terms in existing standard form
small business contracts. Assuming that no exclusions apply to the
particular contract or the relevant term, a term in a standard form
small business contract can be declared unfair by a court and
rendered void (i.e. that term will be of no legal effect or not
legally binding on the parties).
