The ACCC has recently taken a strong stance against resale price maintenance by accepting a court-enforceable undertaking from wholesale lighting and electrical supplier, Brilliant Lighting (Aust) Pty Ltd, who admitted to engaging in such act by not allowing their retailers and distributors to display headline prices on their websites below certain levels. Resale price maintenance is a practice where suppliers prevent resellers from advertising or selling products below a set minimum pr...

If you needed another reason to review your contract term then the ACCC have just given you one.   The ACCC have announced that its key compliance and enforcement priorities for the 2023 – 24 financial year will include unfair contract terms in business contracts.   This is of no surprise with the new unfair contract terms legislation coming into effect on 9 November 2023.   It does serve as a warning to all business owners who enter into standard form contracts tha...

We previously examined the types of contract which are not allowed to contain an unfair contract term. If you enter into those kinds of contracts then you need to remove unfair contract terms to avoid penalties of around $50 million. Some examples of unfair contract terms are as follows: 1.       Allows one party to avoid or limit performance of the contract; 2.       Allows one party, but not the other party to terminate the contract; 3. &nbs...