Think Nicholsons

Sep 18

Unfair Contract Terms

The ACCC has been pretty clear in recent years about what sort of terms are on their 'target list' for unfairness. Several of the targeted clauses seem to feature in this announcement - they're taking JJ Richards to court (perhaps to prove their point).  


The terms they're complaining to the court about include:  
1. an automatic rollover clause which ties customers in, unless they opt out with 30 days' notice; 
2. a right to change prices on the customer; and 
3. an unlimited indemnity; 
(allegedly). 

We've been encouraging clients to update their contracts to avoid those sorts of clause for about 2 years.  Interested to see what develops!

Stephen Robertson

Partner
Stephen is a commercial lawyer with extensive experience in advising businesses in areas of acquisitions and divestments, commercial agreements, structuring, legal risk and revenue issues. He also advises on property law, with a focus on commercial and industrial property.