Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Servcorp Limited [2018] FCA 1044 File number: NSD 1610 of 2017
Judge: MARKOVIC J
Date of judgment: 13 July 2018
Catchwords: CONSUMER LAW – unfair contract terms – where the parties are agreed that the relevant contracts were standard form contracts within the meaning of s 27 of the Australian Consumer Law, being Sch 2 to the Competition and Consumer Act 2010 (Cth) (ACL) and small business contracts within the meaning of s 23(4) of the ACL – where the parties are agreed that the contracts contained terms which created a significant imbalance in the parties' rights and obligations in favour of the second and third respondents and would cause detriment to the small business client if relied on by the second and third respondents – where the parties jointly submit that the relevant terms in the contract are unfair terms within the meaning of s 24(1) of the ACL – whether the Court should make the proposed declarations and orders – application allowed.
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 23, 24, 25, 27 Federal Court of Australia Act 1976 (Cth) s 23 Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) Sch 1
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 351 ALR 190; [2018] HCA 3 Australian Competition and Consumer Commission v Chrisco Hampers Australia Ltd (2015) 239 FCR 33 Australian Competition and Consumer Commission v CLA Trading Pty Ltd [2016] ATPR 42–517; [2016] FCA 377 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224 Commonwealth v Director Fair Work Building Industry Inspectorate (2015) CLR 482 Paciocco v Australian and New Zealand Banking Group Limited (2015) 236 FCR 199 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) (1998) 195 CLR 1
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