Australia’s unfair contract terms (UCT) regime

ACCC action against Fuji

This article summarises the recent decision in Australian Competition and Consumer Commission v Fujifilm Business Innovation Australia Pty Ltd, where the Federal Court declared that 38 contract terms included in 11 types of standard form contracts were unfair. This decision provides important guidance for businesses about terms that may be considered to be ‘unfair’ and serves as a timely reminder for businesses and their advisors to re-examine their standard form contracts and make any necessary amendments before the reforms to Australia’s unfair contract terms (UCT) regime come into force in November 2023.

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