Commercial law underpins the core activities of everyday business. For your business to function at full capacity you need a team that understands commercial drivers, and the way contract law and business interact. We provide services covering the full range of commercial contracts. We are relentless in our efforts to understand your business. This means we can provide support and advice that is both practical and reflects commercial reality.

We work with clients to identify and assess commercial risks, and assist with the appropriate allocation of that risk through drafting and negotiation of contractual terms. Our lawyers understand the extent to which that risk can be limited and excluded under Australian law, and the application of Australian law to online and cross-border transactions.

We are also experts in assessing the risks of both B2B and B2C contracts and contracting processes – including those arising from Australia’s broad ranging unfair contract terms regime. In Australia, the unfair contract terms laws coverage protects consumer contracts as well as small business contracts. Small businesses in this context are those that employ fewer than 100 people or who have an annual turnover of less than AU$10 million.

Our extensive experience includes:

• B2B contracts
• Contracting with consumers
• Contracting with government
• Term sheets, letters of intent, heads of agreement and memoranda of understanding
• Shareholders and share subscription agreements
• Procurement and outsourcing
• Services and consultancy agreements
• Employment contracts
• Business sale and share sale agreements
• Choice of law and cross-border enforcement
• Intellectual property and technology licensing and marketing agreements
• Joint venture and collaboration agreements
• Agency, reseller, franchise or distribution agreements
• Website / e-commerce terms and conditions
• Privacy and cookie notices
• Advising on Australia’s unfair contract terms regime
• Finance agreements and guarantees
• Lease agreements, premises agreements and construction agreements

Australia’s Unfair Contract Terms laws: Significant penalties apply for breach

From 9 November 2023, significant changes to Australia’s Unfair Contract Terms (UCT) laws commenced.

It is unlawful to propose or enter into a standard form consumer or small business contract that contains an unfair contract term – with significant penalties (up to AU$50 million or more) for breach. Additionally, the unfair contract term cannot be relied upon. Australian companies are regulated by the UCT law, as well as foreign companies carrying on business in Australia. A wide range of contracts are caught where a standard form is used and the contract is with either a consumer or a “small business” (defined as a party with <AU$10m turnover or <100 employees).

What you need to do

Businesses need to review existing and new standard form contracts. The UCT laws apply to new contracts or those renewing or being amended on or after 9 8 November 2023.

This flyer outlines:

• Key takeaways and the penalties
• Types of contracts that might be impacted
• What is:
• A standard form contract
• A small business contract
• What makes a term unfair and what businesses need to do

If you have any questions or would like more information, please get in touch.

Insights

Doing business in Australia - Establishing a business in Australia

November 18, 2024

Australia: Businesses in Australia are regulated primarily by the Corporations Act 2001.

Doing business in Australia - Intellectual property

November 18, 2024

Australia: Trade marks in Australia are regulated by the federal Trade Marks Act, and prior registration is strongly recommended, as it provides the owner with exclusive rights to use, license, and assign the trade mark.

Happy birthday to Australia’s Unfair Contract Terms laws: A year in review

November 4, 2024

Australia: We’re one year on from the commencement of the strengthened unfair contract terms (UCT) regime, so what have we learned? This article sets out the practical and legal realities and risks faced by businesses since the fortified UCT regime came into effect in November 2023

View all insights for Commercial Agreements in Australia

News and Events

Recent Press Releases

One year on and Unfair Contract Terms are still “fiendishly difficult”

November 1, 2024

It has been 12 months since new Unfair Contract Terms laws were introduced by the federal government. These laws aimed to help small business who often lacked the resources and bargaining power to negotiate terms in standard form contracts with powerful entities. Penalties were also introduced for companies found to have put unfair terms into their contracts.