Extending Unfair Contract Term Protections to Small Businesses

This consultation process has now been completed. Submissions available
Consultation Type
Consultation Paper

Key Documents

Update: 16 September 2014

The Treasury, on behalf of Consumer Affairs Australia and New Zealand, conducted a consultation process on Extending Unfair Contract Term Protections to Small Businesses from 23 May 2014 to1 August 2014. A consultation paper was released as part of this process.

Over 80 submissions were received in response to the Consultation as well as around 300 responses to the online business survey.

The majority of submissions were supportive of extending unfair contract term protections to small businesses. Respondents to the survey and feedback from formal submissions suggest that unfair terms are an issue for a wide range of industries. Common terms raised by submissions were those which permit one party to unilaterally vary terms, limit their obligations, terminate or renew the contract, or levy excessive fees.


118 submissions were received for this consultation, including 20 confidential submissions.

Anonymous - pdf 959.42 KB
Anonymous - rtf 8.19 MB
Arnold Bloch Leibler - pdf 367.04 KB
Arnold Bloch Leibler - rtf 139.46 KB
Baker and McKenzie - pdf 3.45 MB
Buchan, Dr J - pdf 162.91 KB
Business SA - pdf 80.63 KB
Cassegrain, Claude - pdf 1.85 MB
Communications Alliance - pdf 276.25 KB
Consult Australia - pdf 381.78 KB
Lease1 - pdf 1.65 MB
Lock, DM - pdf 147.19 KB
Lock, DM - rtf 58.33 KB
New Zealand Law Society - pdf 352.64 KB
New Zealand Law Society - rtf 565.68 KB
Professionals Australia - pdf 359.26 KB
Queensland Law Society - pdf 921.25 KB
Scentre Group - pdf 826.59 KB
Scentre Group - rtf 2.38 MB
Spier Consulting - pdf 754.11 KB
Spier Consulting - rtf 216.31 KB