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ARTICLE · 03 APRIL 2024

Unfair contract terms in the property space

Bartier Perry Solicitors
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Property owners (including vendors and landlords) should ensure that their contracts don't contain unfair terms.

AustraliaReal Estate and Construction
Eric Kwan
Eric Kwan
Stella Sun
Stella Sun
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The unfair contract terms regime first came into operation back in 2010. The latest iteration of the regime came into effect on 9 November 2023 and has wider application than one would expect.

What types of contracts are covered by the unfair contract terms regime?

The unfair contracts regime applies to unfair terms in contracts that are:

  1. consumer contracts, namely contracts for the supply of goods or services or the sale or granting of interests in land involving an individual for personal, domestic, or household use or consumption
  2. small business contracts, namely contracts for the supply of goods or services or the sale or granting of interests in land involving a party that:

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