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Recorded Webinars

Recorded Webinar: Drafting to Avoid Unfair Contract Terms (Professional Skills)

The unfair contract term provisions under the Australian Consumer Law raise significant issues for all businesses that utilise 'standard form contracts'. Forthcoming changes to the laws will significantly increase the risk associated with these laws, as it will soon be illegal to

Date/Time

About the Webinar

The unfair contract term provisions under the Australian Consumer Law raise significant issues for all businesses that utilise 'standard form contracts'. Forthcoming changes to the laws will significantly increase the risk associated with these laws, as it will soon be illegal to include 'unfair terms' in such contracts, exposing businesses to the risk of significant financial penalties.

This session will provide a summary of the new laws, and discuss how careful drafting can effectively manage the associated risks. Issues to be covered include:

  • Undertaking an effective 'unfair term' review
  • Documenting 'reasonable basis' for potentially unfair terms
  • Understanding the ACCC's views as to what is 'unfair'
  • Effective negotiation strategies to avoid the application of UCT laws
  • Understanding when an onerous clause can still be 'fair'
  • Techniques for drafting enforceable, once-sided clauses
  • Use of mutuality and interpretation clauses to mitigate risk

Presented By

Josh Simons
Partner, Thomson Geer Adelaide, SA

Josh is a Partner of national law firm, Thomson Geer, where he specialises in intellectual property and competition law. Best Lawyers Australia has recommended Josh for intellectual property and competition each year since 2010.

Josh was the Deputy Chair of the Law Council of Australia's Competition and Consumer Committee between 2008 and 2022. He led the Law Council's working group in relation to the extension of unfair contract term laws to small business contracts, including coordinating of written submissions and meeting with Treasury regarding the drafting and implementation of the new laws.

Josh undertakes competition and consumer law advisory work for clients in a diverse range of industries, including franchise networks, major retailers, food and beverage suppliers, manufacturers, government bodies, and consumer healthcare providers. He regularly designs and implements competition and consumer law compliance programs, including in relation to managing unfair contract term risk.

Who Should Attend?

This webinar is suitable for lawyers practising in commercial law.

CPD Information

Lawyers can claim 1 CPD unit – Professional skills.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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