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An overview of the Nature Repair Market
In our previous articles, we highlighted that under Stage 1 of the nature reforms detailed in the Nature Positive Plan, the nature repair market was established.
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Global | Publication | October 20, 2017
In the ACCC’s first successful case under the new business-to-business unfair contract terms provisions, the Federal Court has declared (by consent) that eight terms of the standard form contracts of JJ Richards & Sons Pty Ltd (JJ Richards) for waste disposal are unfair, and therefore void, where the other party is a small business.
The unfair contract terms provisions1, which previously only applied to consumers, were extended in November 2016 to cover small businesses. In early 2017, the ACCC announced that ensuring small businesses received the protection of the unfair contract terms law would be a key enforcement and compliance priority for 2017. Since then, the ACCC has commenced proceedings against JJ Richards and one other company.
The terms the court declared to be unfair and void related to:
In declaring the terms to be unfair, Justice Moshinsky also declared that “the Impugned Terms tend to exacerbate each other, increasing the overall imbalance between the parties and the risk of detriment to JJR Customers.”
The case of JJ Richards should act as a reminder for companies to review their business-to-business standard form contracts for compliance with the unfair contract terms provisions.
Sections 23-28 of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Publication
In our previous articles, we highlighted that under Stage 1 of the nature reforms detailed in the Nature Positive Plan, the nature repair market was established.
Publication
In this article we explore the development of the human right to food under international law, and how climate change and biodiversity loss contribute to existing issues around global food insecurity, including the implications for First Nations peoples. We will also discuss the role of the private sector in protecting and improving secure access to healthy and nourishing food and how pro bono legal services can assist.
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