Unfair Contract Terms: The Victorian Experience. Dr Elizabeth Lanyon Director Policy and Legislation Consumer Affairs Victoria. What do you see?. It’s all in the point of view!. Unfair Contract Terms Part 2-3.
The Victorian Experience
Dr Elizabeth Lanyon
Director Policy and Legislation
Consumer Affairs Victoria
with respect to unfair contract terms
Major events (eg Grand Prix, M2006, M2007)
Carpet and curtain retailers
Domestic building contracts
Tenancy agreements (incl. REIV)
Car and Goods Auctions
Advanced Hair Studio
Interstate Taxi Trucks
P & O Cruises
Dymocks rewards card
Coles Myer Giftcards
The Victorian Experience So FarIndustry sectors…
Vic Guides, ASIC guidance UK bulletins, EU cases, court cases UK and Vic
Where your equipment causes a fault in your service, we can charge you a call-out fee and our reasonable charges for rectifying the fault.
Where your equipment causes a fault in your service that we need to repair, we can charge you a call out fee and our reasonable charges for repairing the fault. We will tell you the amount of the call-out fee and the hourly rates [supplier] charges for rectifying faults before we commence work.
a) Our records are sufficient proof that a charge is payable unless they are shown to be incorrect
(b) Any claim that charges in a bill are incorrect must be made within 12 months of the bill’s due date.
We are required by various industry codes to ensure that our bills are accurate and verifiable and we are committed to complying with these requirements. Our records are sufficient proof that a charge is payable unless they are shown to be incorrect
We may change [our terms] without your agreement.
We cannot change the monthly access fee, minimum monthly fee or any early termination fee that applies to your service during the term of your fixed length contract without your consent. Unless your current fixed length contract ends and you have not agreed to enter into another fixed length contract for your service including as part of an individually negotiated agreement, you will become a casual customer for that service. As a casual customer, we can vary all of the terms of your contract for that service if we follow the process outlined below under [name and number of clause].