Unfair Contracts Jurisdiction in NSW: law, operation and the future

By Joe Catanzariti

The writing on the wall for the unfair contracts legislation seems to be about to be cast in stone, following ruling by the NSW Court of Appeal.

Catanzariti outlines the origins of the unfair contracts legislation in 1959, the development of case law, amendments to the statute and the recent criticism. Discussed are the cap on payouts and the limitations of common law action on unfair contracts.

(LexisNexus Butterworths Employment Law Bulletin. vol. 10, no. 7)