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Adapting to New Australian Consumer Law: Unfair Contract Regulations


Smarter Drafter documents updated inline with recent changes to Unfair Contract Regulations.

At our last Customer Update Webinar we discussed pivotal changes in Australian Consumer Law, specifically relating to contracts. The changes that came into effect from 9 November aim to extend the scope of unfair contract regulations, significantly impacting both small businesses and consumers. As we navigate these transformations, our responsibility towards ensuring fairness in legal documentation becomes more pronounced.

Understanding the Legal Changes

Effective from 9 November, Australian Consumer Law underwent substantial amendments. These changes are primarily focused on expanding the scope of unfair contract terms to encompass small businesses and consumers, mandating the fairness of all contracts.

Smarter Drafter’s Response

Our legal team has carefully reviewed various legal documents - identifying the Loan Agreement, Services Agreement, and Website Terms of Use as the most impacted by these changes. We have updated these documents on our platform to reflect the new legislative requirements.

The Need for Individual Assessment

Despite these updates, it's crucial to remember that each client's needs are unique. The notion of 'fairness' in legal terms is subjective and should be assessed individually. Therefore, while Smarter Drafter provides a solid foundation for document creation, a personalised review for each client is essential.

Our Recommendation for Legal Professionals

We encourage you to create your initial documents using Smarter Drafter. However, following this, it's vital to download and review these documents in Word, ensuring they are tailored to meet the specific needs of your clients. This step ensures compliance with both the legal standards and the unique requirements of each transaction.

As legal practitioners, your role in navigating these changes is pivotal. Smarter Drafter is here to support you with updated tools and resources, helping you maintain the highest standards of legal service and integrity.