CEBA Informs
Keep abreast of changes and proposed changes to legislation that may affect your business. CEBA members are experts in many fields, and this provides a wealth of information for co-members to tap into.
 
 

Lynn & Brown Advice on Consumer - Unfair Contract Law

LYNN & BROWN LAWYERS have sent in this useful article on changes to Consumer Contract Laws at July 2010 , If you require further advice contact Lynn & Brown Lawyers directly:
 in MORLEY
5 Collier Road
Morley WA 6062
Telephone: (08) 9375 3411
Facsimile: (08) 9275 1311.
(Please note: that this advice is provided in good faith on behalf of Lynn & Brown Lawyers and CEBA is not responsible for any inaccuracies or inconsistencies in the information provided).

Consumer Law - Unfair Contract Terms from July 2010

As of 1 July 2010 unfair contract terms are void.
Under new Australian consumer law ASIC will administer this law to deal with unfair terms in consumer contracts for financial products and financial services.
What this means for you
Previously the law protected consumers against unfairness in contractual dealings, for example, by prohibiting unconscionable or misleading and deceptive conduct.
The new law protects consumers by giving courts the power to find that a term is unfair. If the term is found to be unfair it will be void and therefore not binding.
Types of contracts
Unfair contract term provisions apply to “standard form consumer contracts”. Broadly, these are typically prepared by one party to the contract and are not subject to negotiation between the parties. That is, it is offered on a “take it or leave it” basis.
Standard form contracts are commonly used in industries including telecommunications, utilities, travel and finance.
Contracts for home loans, credit cards, and client or broker agreements are almost certainly standard form contracts.
Insurance contracts are regulated under the Insurance Contracts Act 1984 and are not covered under this consumer law.
When is the term of a consumer contract unfair?
A term in a consumer contract is unfair if:
  • It would cause significant imbalance in the parties rights and obligation arising under the contract; and
  •  It is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and
  • It would cause detriment, whether financial or otherwise, to a party if it were to be applied or relied on.
In determining whether a term of a consumer contract is unfair a court will take into account the extent to which the term is transparent, that is, whether it is expressed in reasonably plain language, legible, presented clearly and readily available to all parties, and the court will look at the contract as a whole.
Contracts before 1 July 2010.
The law covering unfair contract terms only applies to contracts entered into or varied after 1 July 2010.
Contracts entered into before 1 July 2010 are not affected unless such contracts are renewed or a term of a contract is varied on or after this date.
In the first instance the provisions apply to any conduct occurring from the date of renewal. In the later, the new provisions apply to the varied terms, not the whole contract.
What can you do if you think a term in your consumer contract is unfair?
You could make a complaint directly to your service provider and if they cannot resolve it you could take your complaint to the Financial Ombudsman Service, or the Credit Ombudsman Service Ltd.
You could also make a complaint directly to ASIC. ASIC may seek the co-operation of the financial services business to resolve the complaint however they cannot endorse contract terms or state that they are unfair.
Only a court can decide if the term is unfair or not. ASIC, as well as any party to the contract, can apply to a court to have the term declared unfair if it is in the public interest to do so.
If you think your consumer contract contains unfair terms and would like more information or to discuss your options further please contact our office.

 

Posted on Mon, February 7, 2011 at 12:27PM by Registered CommenterWebMaster in , | Comments Off | EmailEmail | PrintPrint

Are workplace disputes ruining your business? 

Western Australian businesses have a free and confidential mediation service available to help solve workplace disputes without the hassle of long-winded arbitration and costly court proceedings.

If you'd like to know more about this service

Download the complete article on resolving workplace dispute issues here:

Courtesy WA Industrial Relations Commission.

 

Posted on Sun, June 7, 2009 at 12:12AM by Registered CommenterWebMaster | CommentsPost a Comment | EmailEmail | PrintPrint

Thinksafe Small Business Assistance 

Programme Brochures are now available from the CEBA Office.

Contact Peter Gardner for your copy

 

Posted on Sun, June 7, 2009 at 12:09AM by Registered CommenterWebMaster | CommentsPost a Comment | EmailEmail | PrintPrint

Overseas skilled workers

Is your business lacking the skilled workforce it requires to achieve its full potential?

Overseas skilled workers may be the answer if you are unable to recruit employees in Australia to fill these positions. Various temporary and permanent visas are currently available to enable an Australian business to employ overseas skilled workers.

Whether temporary or permanent visas are applied for by the employer, sponsorship from the employer will always be required.

In the category of temporary visas the most popular visa is the temporary business long stay – standard business sponsorship (sub class 457).

The employer can sponsor approved skilled workers to work in Australia.

Employers can nominate a number of different occupations under the same sponsorship application.

This visa allows employers to employ overseas workers to fill nominated positions.

The employer will be able to employ overseas workers for a period of between 3 months and 4 years.

For the employer to qualify for this visa, the business must be approved as a sponsor before the employer can employ overseas skilled workers.

Various requirements will determine the employer’s eligibility for this visa:

  1. the employer must lawfully and actively be operating a business;
  2. the employer must directly be the employer of the employee;
  3. the employer must have a good business record;
  4. the employer must abide by immigration laws; and
  5. the employment of the skilled worker must benefit Australia.

Obligations of the employer:

  1. the employer must be responsible for costs eg travel expenses, medical expenses, repay the Australian government any monies spent by the government as a result of the employees’ stay in Australia;
  2. the employer must comply with Australian immigration laws;
  3. the employer must cooperate with the Department of Immigration and Citizenship;
  4. the employer must comply with the terms of the nomination;
  5. the employer must comply with the workplace relations laws; and
  6. the employer must pay at least the Minimum Salary Level (MSL) to primary subclass 457 visa holders.

 The basic three steps to get a sub class 457 visa in place are:

  1. the employer applies to be a sponsor;
  2. the employer nominates a position; and
  3. the employee applies for a visa.

Overseas skilled workers may be a valuable addition to your business. We trust the information provided in this article will assist you in determining whether this will be a viable option for your business.

For more information on temporary and permanent employer sponsored visas, general skilled migration and business visas contact Lynn & Brown Lawyers. Ph:9375 3411 MARN 0641345.

Posted on Tue, October 21, 2008 at 11:03AM by Registered CommenterWebMaster | CommentsPost a Comment | EmailEmail | PrintPrint

Internet Domain Scam

A ‘real’ letter “WorldWideWeb Register” asking for 877 Euros (for 3 years) to renew ones domain name has been circulating some of our clients here in WA. Here is a link to other people who have seen or been affected by this.

Because of the change in Domain registration procedures, I have seen people giving these documents serious consideration where possibly 4 months ago they would have simply been thrown out.

What the Spanish scammers are doing is (kind of) legal as they are asking you to pay a lot of money to go onto their database. The fact that their database’s name is coincidentally very similar to the Internet’s WWW Registrar, for me, classifies it as a type of spam or con.

For more details contact Ian Clements, Technical Consultant, Syswise on 9375 2900.

Posted on Sat, August 30, 2008 at 11:46AM by Registered CommenterWebMaster | CommentsPost a Comment | EmailEmail | PrintPrint
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