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Not fair game

Not fair game

By Rebecca Neophitou

Consumer Law 

ACCC v JJ Richards is the first successful prosecution involving unfair terms in small business contracts. It is likely to have a significant impact on commercial practices. Snapshot: ACCC v JJ Richards is a landmark case, being the first case to test the 2016 amendments to the UCT laws applying to B2B transactions. The regulator successfully argued that the standard form contract used by JJ Richards contained unfair terms and was, therefore, void. The decision of the Court and the ACCC’s focus on ensuring compliance with the new law has significant ramifications for businesses and their legal advisers. Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd (JJ Richards)1 is the ACCC’s first business to business (B2B) prosecution involving unfair contract terms in standard form contracts since the passing of the amendments to the Australian Consumer Law (ACL) in November 2016.2 It is important for three reasons: the Court has shed light on the interpretation of the amendments

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