The Federal Court has recently delivered several decisions which must give corporations engaged in retail and financial services some pause for thought - especially in relation to their preparation of standard contract terms and conditions.
This article discusses two recent matters:
- Australian Competition and Consumer Commission v Fuji Film & Business Innovation Australia Pty Ltd (2022) FCA928; and
- Australian Competition and Consumer Commission v Retail Food Group Ltd (2022) FCA 961
The first decision analyses the far-reaching powers within the Australian Consumer Law to prohibit and strike down unfair contracts. The second decision relates to the banning of unconscionable conduct in respect of franchise operations.