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ARTICLE · 07 DECEMBER 2016

Extending consumer protections for unfair contracts - what does this mean for the construction industry?

Colin Biggers & Paisley
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The legislation will provide protection for certain subcontractors against unfair contract terms in standard contracts.

AustraliaReal Estate and Construction
Antony Riordan
Antony Riordan
Isabella Johnston
Isabella Johnston

In brief - New legislation will provide protection for certain subcontractors

On 12 November 2016, the Treasury Legislative Amendment (Small Business and Unfair Contract Terms) Act 2015 came into effect. This Act extends the current Australian Consumer Law (ACL) consumer protections against unfair contract terms in standard contracts to small businesses. As this extension will impact almost all construction industry participants, we take a look at key terms which may be deemed to be unfair under the new legislation.

Unfair contracts protection regime to include small businesses

In the September edition of CBP Focus, Faith Laube and Andrew Murray explored how the then proposed changes to the ACL contract protection regime would affect contractors and the construction industry generally in their article Unfair contract terms targeted by new legislation.

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