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This article delves into a new law that NSW Fair Trading (of New South Wales) began enforcing on 1 January 2021. The new law requires businesses based in NSW to make disclosures pertaining to terms that substantially prejudice the interests of consumers.

The new disclosure obligations regarding substantially prejudicial terms cover much of the same ground as the unfair contract terms regime found in the Australian Consumer Law. The article compares and contrasts the two different regimes and explain how they interact.

Authors: Sar KatdareCompetition/Antitrust Partner, Johnson, Winter & Slattery, and Jaime Campbell

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Region: Australia
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