is reflected in section 16(i) of the ACT Civil and ACAT’s jurisdiction which provides that an application for orders Administrative Tribunal Act 2008, under the ACL is a type of civil dispute allowed under section 17. The ACL provides a comprehensive framework of consumer protections, which includes prohibitions on certain business conduct, and mandatory statutory guarantees for all goods and services bought by consumers. ACL Part 2-3 Unfair Contract Terms Legislative framework Chapter 2 Part 2-3 of the ACL contains the provisions regarding unfair contract terms (UCT) in consumer and small business contracts. The operative UCT provision, section 23(1) and (2), and the definition of a found in section 23(3) are set out below: ‘consumer contract’ Section 23 Unfair terms of consumer contracts and small business contracts A term of a consumer contract or small business contract is void if: the term is unfair; and the contract is a standard form contract. The contract continues to bind the parties if it is capable of operating without the unfair term. consumer contract A is a contract for: a supply of goods or services; or a sale or grant of an interest in land; to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption. Section 27- what is a standard form contract? If a party to a proceeding alleges that a contract is a standard form contract, it is presumed to be a standard form contract unless another party to the proceeding proves otherwise. In determining whether a contract is a standard form contract, a court may take into account such matters as it thinks relevant, but must take into account the following: whether one of the parties has all or most of the bargaining power relating to the transaction; whether the contract was prepared by one party before any discussion relating to the transaction occurred between the parties; whether another party was, in effect, required either to accept or reject the terms of the contract (other than the terms referred to in section 26(1)) in the form in which they were presented;
ACAT’s jurisdiction is reflected in section 16(i) of the ACT Civil and Administrative Tribunal Act 2008, which provides that an application for orders under the ACL is a type of civil dispute allowed under section 17. The ACL provides a comprehensive framework of consumer protections, which includes prohibitions on certain business conduct, and mandatory statutory guarantees for all goods and services bought by consumers. ACL Part 2-3 Unfair Contract Terms Legislative framework Chapter 2 Part 2-3 of the ACL contains the provisions regarding unfair contract terms (UCT) in consumer and small business contracts. The operative UCT provision, section 23(1) and (2), and the definition of a ‘consumer contract’ found in section 23(3) are set out below: Section 23 Unfair terms of consumer contracts and small business contracts A term of a consumer contract or small business contract is void if: the term is unfair; and the contract is a standard form contract. The contract continues to bind the parties if it is capable of operating without the unfair term. A consumer contract is a contract for: a supply of goods or services; or a sale or grant of an interest in land; to an individual whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption. Section 27- what is a standard form contract? If a party to a proceeding alleges that a contract is a standard form contract, it is presumed to be a standard form contract unless another party to the proceeding proves otherwise. In determining whether a contract is a standard form contract, a court may take into account such matters as it thinks relevant, but must take into account the following: whether one of the parties has all or most of the bargaining power relating to the transaction; whether the contract was prepared by one party before any discussion relating to the transaction occurred between the parties; whether another party was, in effect, required either to accept or reject the terms of the contract (other than the terms referred to in section 26(1)) in the form in which they were presented;
QAMARUDDIN-v-KOLAK-LIVING-PTY-LIMITED-Civil-Dispute-2017-ACAT-45.docx