Unfair contract terms in Australia / Jeannie Paterson.

Pyrmont, N.S.W. : Lawbook Co., 2012.

1st edition

85645

Australia. -- Fair Trading Amendment (Unfair Contract Terms) Act 2010.

Consumer contracts -- Australia.

Consumer protection -- Law and legislation -- Australia.

Why regulate unfair terms?

The legislative scheme

Comparison of the regulatory regimes

Contracts and terms exempted from review

Contracts to which the UCTL applies

Identifying and interpreting the terms of a contract subject to review under the UCTL

The test of an unfair term

Matters relevant in determining whether a term is unfair

Enforcement, effect and remedies

Unconscionable conduct and unfair terms

Unfair terms and the consumer guarantee law

The 'grey list' of terms that may be unfair

Common terms that may be unfair.

The introduction of the Australian Consumer Law included a new regime regulating unfair terms in standard form consumer contracts. This book is broken into thirteen chapters. The introductory chapters look at the background to the legislation, in particular an analysis of how some Australian courts have approached the question of regulation in the context of unfair contract terms. The following chapters discuss the legislative scheme and how it operates in Australia, identifying which particular contracts and terms are covered by the Australian Consumer Law. The remedies associated with consequence of there being an 'unfair term' are then discussed by the author. The later chapters deal with some of the uncertainties associated with the new legislation and the author identifies a 'grey list' of terms that may be considered to be unfair. This is an introductory text that will prove useful to practitioners working in this area.

Table of contents is taken from the published work with the permission of the publisher.

Includes bibliographical references and index.

9780455229089

xxviii, 221 p. ; 25 cm