# Au unfair contract terms
> Source: https://legalcode.md/skills/legalcode-au-unfair-contract-terms | [HTML version](https://legalcode.md/skills/legalcode-au-unfair-contract-terms)

Review contracts for unfair terms under Australia's unfair contract terms (UCT) regime — Australian Consumer Law (ACL) ss 23–28 and ASIC Act ss 12BH–12BK.

Review contracts for unfair terms under Australia's unfair contract terms (UCT) regime — Australian Consumer Law (ACL) ss 23–28 and ASIC Act ss 12BH–12BK. Covers standard form contract determination (ACL s 27 six-factor test, rebuttable presumption), consumer and small business contract thresholds (post-9 November 2023: ≤100 FTE employees OR <$10M turnover, no ACL price cap), the three-limb unfairness test (significant imbalance, not reasonably necessary, detriment), transparency as an aggravating factor (ACL s 9), s 25 grey list screening (14 illustrative categories), exempt terms (main subject matter, upfront price, legally required terms), civil penalty regime ($50M per contravention, effective 9 November 2023), ACCC 2025–26 enforcement priorities (automatic renewal, cancellation terms, subscription traps), and ASIC's parallel jurisdiction over financial products and services. Generates UNFAIR / BORDERLINE / LIKELY FAIR findings with clause-level redlines, the legitimate business justification defence, remediation language, and ACCC/ASIC enforcement risk scoring. Key cases: Karpik v Carnival plc [2023] HCA 39, ASIC v PayPal Australia [2024] FCA 762, ACCC v Fujifilm [2022] FCA, Tomasso v IG Markets [2025] WASC, ACCC v Mable Technologies (2025 undertaking). Use when reviewing any standard form consumer or small business contract for Australian UCT compliance — including SaaS agreements, subscription contracts, financial services terms, insurance contracts (post-5 April 2021), franchise agreements, services contracts, platform terms, and any terms and conditions used at scale in Australia. Jurisdiction: Australia (national — ACCC and ASIC enforcement).

This skill reviews standard form consumer and small business contracts for compliance with Australia's unfair contract terms (UCT) regime under the Australian Consumer Law (ACL), Schedule 2 to the Competition and Consumer Act 2010 (Cth), and the parallel regime in the Australian Securities and Investments Commission Act 2001 (Cth) for financial products and services. **Covers:** - Gateway assessment: standard form determination (ACL s 27 six-factor test) - Consumer and small business threshold analysis (post-9 November 2023 expanded thresholds) - Grey list screening — 14 categories of potentially unfair terms (ACL s 25) - Three-limb unfairness analysis per flagged clause: - Significant imbalance (ACL s 24(1)(a)) - Not reasonably necessary to protect legitimate interests (ACL s 24(1)(b), reversed burden) - Detriment if applied or relied upon (ACL s 24(1)(c)) - Transparency assessment (ACL s 9) as an aggravating factor - Exempt terms identification (ACL s 26: main subject matter, upfront price, legally required) - Clause-level UNFAIR / BORDERLINE / LIKELY FAIR classification with confidence scoring - Redline generation with remediation language for flagged terms - Legitimate business justification defence analysis (evidence required to rebut presumption) - Civil penalty exposure calculation ($50M per contravention, post-9 November 2023) - ACCC and ASIC enforcement ...

## Jurisdictions

Australia



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