Date of this Version


Document Type

Journal Article

Publication Details

Submitted Version.

Svantesson, D. J. & Holly, L. (2010). An overview and analysis of the National Unfair Contract Terms Provisions. Commercial Law Quarterly, 24(3), 3-14.

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2010 HERDC submission. FoR Code: 180100

© Copyright Commercial Law Association, 2010

Reproduced with permission.


The Commonwealth Parliament has recently introduced the Australian Consumer Law, a legislative regime for a national consumer protection framework. One of the most significant changes to consumer protection within Australia has been the introduction of provisions governing unfair contract terms within consumer contracts. This article outlines the new provisions and examines the way in which the law is likely to be applied by the courts, with reference to relevant case law relating to similar provisions found in legislation in Victoria and New South Wales and United Kingdom.



This document has been peer reviewed.


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