• Commercial Law

    Commercial Law

    We are business people as much as we are lawyers. We will take care of the legal documents so you can confidently run your business.
    As your business grows, its risk profile and governance challenges will change. We partner with our clients over the long term to ensure they are in the driver’s seat for success.

  • Dispute Resolution

    Dispute Resolution

    We are in your corner when the going gets tough. Having resolved over 6,500 disputes for business owners have seen it all before.

    Whether you need a skilled negotiator or a fearless litigator, we specialise in delivering commercial results when:

    Customers refuse to pay;
    Suppliers let you down; and
    Business Partners do the wrong thing.

  • Employment & Safety

    Employment & Safety

    The biggest challenge for any business owner, is managing their employees.

    A difficult employee can make you question why you got into business in the first place and be toxic to your team morale.

    We deliver proactive solutions to manage your team via employment contracts, policies and procedures as well as handling employment disputes when they arise.

  • Property & Construction

    Property & Construction

    Property is the key most wealth in Australia.  Whether you are buying, selling, leasing or developing property, you need a lawyer you can count on.

    We can advise on the whole property development process from obtaining finance to development approvals, construction and sale or leasing.

    We also act for the Master Builders Victoria and have extensive expertise in construction contracts and disputes.

  • Family Law

    Family Law

    At Taurus Legal Management we understand the unique challenges clients encounter during family disputes, especially when children are involved. Our family lawyers specialise in handling high-asset cases with a focus on protecting clients wealth, securing their family’s future, and safeguarding the best interests of their children.


While many businesses have a set of contract terms, it may be that some of those terms are unfair and unenforceable, potentially exposing that business to liability.

Now that the Unfair Contract Terms (UCT) Regime has been extended to apply to ‘small business contracts’ (as from November 2016), businesses should ensure their contract terms are up to date, fair, and enforceable.

What is an Unfair Contract Term?

An unfair contract term is one that:

  1. Creates a significant imbalance in the other party’s rights and obligations under the contract;

  2. Is not reasonably necessary to protect a legitimate business interest; and

  3. Would cause financial or other detriment to a party if it were to be relied upon.

The UCT Regime provides that an unfair contract term will be unenforceable.  Depending on the construction of the contract, this could make several terms of the contract unenforceable, or make all or part of the contract void.

How does the Unfair Contract Terms regime apply to Small Businesses?

In relation to small businesses, the UCT regime covers contracts that are for the supply of goods or services, or a sale or grant of an interest in land, where one of the parties employs fewer than 20 employees, and:

  1. The upfront price payable under the contract is less than $300,000; or

  2. The contract is for a term of more than 12 months and the upfront price payable under the contract is less than $1,000,000.

Examples of Unfair Contract Terms

Some examples of unfair contract terms are as follows:

  1. Terms allowing for one party to unilaterally alter terms of the contract;

  2. A term allowing for termination without cause;

  3. A term requiring exorbitant early termination fees to be paid out;

  4. A term providing for a contract to automatically rollover into another contract upon its completion; or

  5. A term that penalises one party but not another party for a breach or termination of the contract.

Does your contract look a bit dodgy? Let a contract lawyer sort things out.

If you would like to discuss your contract terms, you can contact our Dispute Resolution & Litigation team at Taurus Legal Management on (03) 9481 2000.

Posted by Taurus Legal Management