The ACCC's bid to crackdown on unfair contract terms (UCT) has gathered pace throughout the year. We have summarised their most recent investigation regarding those in the waste management sector using UCT here, as well as their push to strengthen both the ACCC's and the court's powers to hold such businesses accountable for their conduct.
Since 2017, when the ACCC announced that UCT was one of their top priorities, we have seen some real action in this area. Only last month the Treasury released a discussion paper seeking feedback from stakeholders on the effectiveness of the UCT provisions (see here). The ACCC have noted that they hope this leads to "toughening up" of UCT laws in order to encourage large businesses to toe the line.
The Federal Government also recently passed a bill increasing the maximum civil pecuniary penalties that a court may impose for breaches of the ACL. We have summarised the changes which bring penalties for breaches of the ACL in line with breaches of competition law in greater detail here.
Law reform and ACCC investigations are an ongoing issue that we will keep you updated on.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
