Unfair contract terms: repercussions for the transport sector

In brief - New provisions to take effect on 12 November 2016 

Although some logistics contracts are excluded from the new provisions and some marine insurance contracts and air carriage contracts may incorporate limitations permitted by other legislation, all participants in the transport sector should review, update or amend their contracts before 12 November 2016. Terms found to be unfair by a court will void a contract.

Logistics operators, customs brokers, freight forwarders, road and rail carriers among those to be affected by new provisions

Our September 2015 article, Unfair contract terms protections to be extended to small businesses, was about the extension of the current "unfair contracts" provisions in the Australian Consumer Law (ACL) and Australian Securities and Investments Commission Act 2001 to small businesses.