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ARTICLE · 24 APRIL 2024

A Property Developer's Guide To The New Unfair Contract Terms Regime

Vincent Young
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The new unfair contract terms (UCT) regime took effect on 9 November 2023. A summary of this regime is set out in our article here.

AustraliaReal Estate and Construction
Mike Ellis
Mike Ellis
Yanlie Leung
Yanlie Leung

The new unfair contract terms (UCT) regime took effect on 9 November 2023. A summary of this regime is set out in our article here.

The new UCT regime applies to contracts which are:

  1. either consumer contracts or small business contracts; and
  2. standard form contracts.

This may include off the plan contracts and lease agreements.

Property developers should carefully review and update all of its contracts taking into account the below.

Standard form contracts – negotiation of minor terms irrelevant

A contract is presumed to be a standard form contract unless proven otherwise.

A contract may still be determined as a standard form contract despite the parties being given an opportunity to negotiate minor changes to the contract– for example choices in fixtures and fittings and delayed deposits.

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