A number of changes have been made to the Trade Practices Act 1974 (Cth) (TPA) as Australian Consumer Law (ACL) reforms have been progressively implemented, with the final portion commencing on 1 January 2011. In addition to these changes the TPA has been renamed the Competition and Consumer Act 2010 (Cth) (CCA).This is the 6th a series of blogs summarising the changes and the implications for businesses operating in Australia.
Unfair terms in standard form consumer contracts are now void.A term is deemed unfair where:
Essentially this provision aims to level the playing field (in favour of consumers) to rectify imbalances in bargaining power arising from standard form consumer contracts. Suppliers must ensure that a term of the contract which limits or excludes liability is not classed as ‘unfair’.