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In the ever-evolving landscape of consumer contracts, class action waiver clauses are becoming increasingly common. These clauses present unique challenges, particularly in terms of their potential to be deemed "unfair" under the Australian Consumer Law (ACL). This article aims to examine the circumstances under which class action waiver clauses may be considered "unfair" under the ACL and shed light on a recent case that has shaped this discourse.

School enrollment contracts are important documents that outline the rights and responsibilities of both parents and schools. However, there have been concerns about the potential unfairness of certain terms within these contracts. Unfair contract terms can impact the rights of parents and students, leading to potential financial burdens and limitations on their choices. To ensure the rights of parents and students are protected, schools should review and revise their contract terms. Schools should consider the following measures: transparency and clarity, reasonable notice periods, financial hardship considerations, dispute resolution mechanisms, and compliance with consumer protection laws. By following these measures, schools can help to ensure that their enrollment contracts are fair and transparent, and that the rights of parents and students are protected.

Navigating the guardianship application process can often be hard, especially when the well-being of a loved one hangs in the balance. Our latest blog post gives background information on making an application for guardianship in NSW. It details key aspects, from understanding the role and responsibilities of a guardian to NCAT's decision-making process. But what's more, we're excited to announce the launch of our guardianship application template designed to simplify this complex process. Read on to equip yourself with essential knowledge and stay informed about our forthcoming user-friendly tool.

From November 9, 2023, significant changes to the unfair contract terms (UCT) regime in Australia will come into effect. These changes will have a profound impact on businesses, particularly in relation to the penalties for non-compliance. It is crucial for businesses to understand these changes and take the necessary steps to ensure compliance before the new laws take effect. The UCT regime offers protection to consumers and small businesses in respect of unfair contracts terms in standard from contracts.

This article provides a detailed analysis of the Reserve Bank of Australia's (RBA) use of forward guidance in its monetary policy decisions from March 2020 to October 2022. During this period, the RBA made several representations about the low cash rate's sustainability. However, contrary to these statements, the cash rate started increasing from May 2022, reaching 4.1%. The article probes whether the RBA, by providing this forward guidance, may have engaged in misleading or deceptive conduct in trade or commerce. It further highlights the legal considerations of whether the RBA had reasonable grounds for making these representations. The discussion underscores the crucial role of rigorous legal analysis in accompanying significant economic decisions and the potential real-world implications of such conduct.

Australian Consumer Law (ACL) is a crucial legislation that offers protections and assures the quality of goods and services to consumers. One of the most significant aspects it covers is the concept of consumer refunds. This article highlights the relevance of Australian Consumer Law refunds and how a legal template, available for purchase on our website, can help consumers effectively seek refunds.

The recent Federal Court of Appeal decision in New Aim Pty Ltd v Leung [2023] FCAFC 67 offers illuminating insights into the permissible conduct for legal practitioners with regards to instructing experts in a court case, setting a notable precedent for future considerations

Explore the nuanced landscape of fiduciary duty through a deep dive into the Foresters Case. This blog unravels how the breach of fiduciary duty, knowing assistance, and resulting consequences unfolded in this landmark case, offering key insights for legal practitioners and clients alike navigating fiduciary relationships and responsibilities.

Embark on a journey through the labyrinth of fiduciary duty, as we decode its categories, obligations, and safeguards against breaches under equity law. Prepare for an enlightening exploration of this vital legal principle.

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