unfair contract terms Archives - King & Wood Mallesons Pulse

When ‘Anything’ Doesn’t Mean Anything – What ASIC v Auto & General Insurance Means for Standard Form Insurance Contracts

25 June 2025

By Caroline Chong, Jessica Waters, Tamara Hunter

Caroline Chong, Jessica Waters and Tamara Hunter unpack the recent Full Court of the Federal Court decision concerning unfair contract terms in ASIC v Auto & General Insurance Company Limited [2025] FCAFC 76.

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You Snooze, You Lose! Court agrees prohibiting sleeping at co-working space is not an unfair term

20 December 2024

By Tamara Hunter, Jessica Waters, Stefano Mascaro

The NSW Supreme Court has dismissed a plaintiff’s claim alleging that a prohibition on sleeping at a co-working space was an unfair contract term

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There’s no unsubscribing from Treasury and ACCC’s renewed approach to subscription agreements

28 September 2023

By Eimear O'Sullivan

Potential reforms afoot to capture unfair business practices, including the use of ‘subscription traps’

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Fair Play: Ensure your standard form contracts are ready for game day

30 June 2023

By Laura Kiss

Unfair contract term penalties are fast approaching! Over the last few weeks, we have dived into a number of topics related to UCTs.

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Looking beyond the grey in life: Additional clauses that may fall foul of the UCT regime

14 June 2023

By Maeve Moore

Outside ACL 'grey list' terms, many other terms have been found to be unfair - eg automatic renewal , exclusive dealing and non-disparagement clauses

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Navigating Unfairness on the High Seas: Class Action Waiver Clauses

17 May 2023

By James Keeves

Are class action waiver clauses unfair under the UCT regime in the Australian Consumer Law?

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All’s Fair in Law and Forum?

3 May 2023

By James Keeves

Are exclusive jurisdiction, choice of forum and choice of law clauses unfair under the UCT regime in the Australian Consumer Law?

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Don’t Go Breaking My Contract

28 April 2023

By Eimear O'Sullivan

When unilateral termination and penalty clauses may be unfair under the ACL

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It’s Non-Negotiable: Unilateral Variation Clauses

21 April 2023

By Maeve Moore

Are unilateral variation clauses “unfair” contract terms? This post is the third in a series where we unpack the new UCT regime

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Unpacking unfair: What is an unfair contract term?

18 April 2023

By Zareen Qayyum

What is an unfair contract term? Keep an eye out over the next few weeks for deep dives into the unfair terms regime.

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