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Video 1 – LIV CPD 2020 – Competition & Consumer Law Updates & Insights: Unfair contracts – case law

Video 1 – LIV CPD 2020 – Competition & Consumer Law Updates & Insights: Unfair contracts – case law

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CPD Units 0.75
  • Substantive Law
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Recorded: 12 November 2020 | Run Time: 41:00

2020 has seen a number of key decisions handed down in the area of unfair contracts and COVID-19 has had implications as well. In this video, our expert presenter will look at some of the key case law and legislative updates that have occurred over the past 12 months.

Further Details

  • Presenter

    Presenter: Peter Sise, Special Counsel, Clayton Utz

    Peter Sise is a special counsel in the Commercial Litigation Department and Restructuring & Insolvency Department at Clayton Utz. Peter has an interest in trade practices law, particularly the 'unfair contract term' provisions. Peter edits the Wolters Kluwer CCH commentary for unfair contract terms and is an editor of LexisNexis In-house Counsel. He has written the following articles on unfair contract terms as well as articles regarding litigation, insolvency and other trade practices topics.

    • "Insurance contracts and unfair contract terms: A two-tier system", in Insurance Law Journal, 31(1), October 2020, pp42–59.
    • "Insurance contracts and the unfair contract term laws", in Competition and Consumer Law News, 35(10), March 2020, pp118–123.
    • "Can a Big Business Avail Itself of the Unfair Contract Term Provisions in the Australian Consumer Law?" in Australian Journal of Competition and Consumer Law, 26(4), December 2018, pp243–4.
    • "The unfair contract term provisions: What's transparency got to do with it?" in QUT Law Review, 17(1), 2017, pp160–173.
    • "Is there a gap in the unfair contract term provisions between a 'consumer contract' and a 'small business contract'? in Australian Journal of Competition and Consumer Law, 25(1), March 2017, pp1421.
    • "The extension of unfair contract terms provisions to small business contracts" in Law Institute Journal, 90(11), November 2016, pp44–47.
    • "Paciocco v ANZ and penalties v 'unfair contract terms': The differences between two laws that can both invalidate a contractual term" in Competition and Consumer Law News, 32(9), November 2016, p271–5.
    • "Unfair contract term provisions: what’s relevant to determining whether a contract is a 'standard form contract'?" in Competition and Consumer Law News, 32(8), October 2016, pp259–62.
    • "How does a choice-of-law clause affect the operation of the unfair contract term provisions?" in Competition and Consumer Law News, 32(7), September 2016, p242–6.
    • "Counting down to 12 November: some tips on how to identify potentially unfair contract terms" in Inhouse Counsel, 20(6), August 2016, pp129.
    • "Terry Truck Rentals Pty Ltd v Haseeb: another decision about the unfair contract term provisions and vehicle-hire arrangements" in Competition and Consumer Law News, 32(6), August 2016, pp222–5.
    • "The extension of unfair contract term provisions to small business contracts: A lack of clarity?" in Competition and Consumer Law Journal, 23(3), June 2016, pp217–31.
    • "A holiday cruise, a cyclone and an unfair contract term: Ferme v Kimberley Discovery Cruises Pty Ltd" in Competition and Consumer Law News, 32(2), 2016, pp167.
    • "ACCC v Chrisco Hampers: a decision on unfair contract terms delivered in time for Christmas" in Competition and Consumer Law News, 32(1), February 2016, pp151–5.
    • "Paciocco v ANZ: unconscionable, unfair, extravagant and other ways a contractual term may be challenged" in Competition and Consumer Law News, 31(8), October 2015, pp106–10.

    Peter regularly speaks on unfair contract terms. He has appeared on the ABC TV show The Business and addressed the Association of Corporate Counsel (Australia), a trade practices conference held by the Law Council of Australia, the Leo Cussen Centre for Law and the Consumer Action Law Centre.

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