Overcharge! Rethinking charging clauses under standard form contracts

A recent decision of the Federal Court of Australia in Lobux Pty Ltd v Willshaun Pty Ltd [2022] FCA 204 provides a reminder to rethink the inclusion of 'general charging clauses' in businesses' standard trading terms. A general...

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Unfair contract terms: “More competition, better prices”

On 27 October 2022, the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 passed through the Senate, and now awaits Royal Assent. Among other things, the amendments mark a significant expansion of the unfair c...

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Preserving Competition in Public Sector Tenders: Businesses and Public Servants Should Heed the Warnings of the ACCC on Cartel Conduct

Introduction Last month, the ACCC published a media release warning public sector agencies of the potential for collusion between bidders responding to tender requests issued by government entities. The warning was motivated b...

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Update on Electronic Signatures under Section 127 of the Corporations Act

Electronic execution of documents is once again permitted under section 127 of the Corporations Act 2001 (Cth) ("Corporations Act"). On 10 August 2021, the Treasury Laws Amendment (2021 Measures No.1) Bill 2021 ("the Bill") passed...

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Changes to the Australian Consumer Law

From 1 July 2021, amendments to the Australian Consumer Law (ACL) definition of "consumer" will significantly extend consumer protections. The definition – the current form of which has been in place since 1986 – was, among...

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Federal Treasurer announces extension of measures relating to virtual AGMs and signing and sending electronic documents

The temporary COVID-19 exemptions regarding virtual AGMs and signing and sending electronic documents has been extended until 15 September 2021, Federal Treasurer the Hon Josh Frydenberg MP has announced. Importantly, the an...

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