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Unfair Contract Terms: What Every Business Needs to Know in 2025
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Key Insights
Unfair contract terms now carry greater consequences. Unfair contract terms have existed in Australian law for some time, but the risk profile has changed. Businesses that rely on standard form contracts should not assume that old templates remain suitable in 2025. Contract terms should be reviewed through the lens of the current unfair contract terms regime.
Standard form contracts should not be left on autopilot. Many businesses use the same contract templates for long periods without reconsidering whether the terms remain appropriate. The episode highlights why businesses, advisers and in-house legal teams should review contracts proactively, rather than waiting for a dispute or compliance issue to arise.
Better drafting is a compliance tool, not just a legal exercise. Reducing unfair contract terms risk is not only about avoiding problematic wording. It is also about drafting contracts that are clearer, more balanced and easier to apply in practice. Better contracts can reduce compliance risk, improve negotiations and help prevent disputes.
Unfair contract terms are not new, but the consequences for businesses have changed.
For businesses that use standard form contracts, Australia’s unfair contract terms regime is no longer something to treat as a low-risk compliance issue. Businesses, advisers and in-house legal teams should understand how the regime applies, what has changed, and why contract templates should be reviewed before they create avoidable risk.
In this episode of Explain That by Velocity Legal, Andrew Henshaw is joined by Lauren Gross to discuss unfair contract terms in Australia, the latest updates to the regime, and what those changes mean for businesses in 2025.
The discussion covers:
- what unfair contract terms are;
- why the unfair contract terms regime matters for Australian businesses;
- recent updates to Australia’s unfair contract terms regime;
- what the changes mean for businesses, advisers and in-house legal teams;
- why standard form contracts should be reviewed carefully;
- how businesses can reduce risk when drafting or updating contracts; and
- practical steps to help businesses stay compliant and draft better contracts.
A practical discussion for business owners, advisers and in-house legal teams who use, review or negotiate business contracts.
For advice on unfair contract terms, contract drafting, commercial agreements or contract review, contact Velocity Legal’s Commercial team.
This podcast in no way constitutes legal advice. It is general in nature and is the opinion of the author only. You should seek legal advice tailored to your individual circumstances before acting on anything related to this podcast.
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