Letter to Chris Bowen Aust consumer law unfair contract terms

This submission supports the national harmonization of consumer legislation where it leads to greater clarity for directors as to the laws with which they and their companies must comply. However, the submission cautions that the proposed unfair contract provisions have the potential to introduce uncertainty as to the enforceability of terms in standard form contracts. The AICD expresses its concern that an unintended consequence of the proposed provisions may be to allow businesses and/or consumers to avoid contractual obligations that have become commercially disadvantageous on the basis that the terms are “unfair.” Letter to Chris Bowen. Aust consumer law unfair contract terms