• Commercial & Business Law

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    We are first and foremost lawyers for business people. Our team will work with you to develop, manage and execute your business plan while ensuring you exploit opportunities, manage risks and achieve commercial success.

    Service includes:
  • Dispute Resolution & Litigation

    Dispute Resolution & Litigation

    Specialists in commercial dispute resolution, we appreciate that resolving a dispute requires more than just following court processes. You can trust Taurus to be in your corner, and fight to deliver results.


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  • Property, Construction & Conveyancing

    Property, Construction & Conveyancing

    Enhanced by a wealth of experience, Taurus’ conveyancing lawyers in Melbourne can assist businesses with everything from managing leases, to complex property development projects.

  • Intellectual Property

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    One of the most valuable assets of any business is its intellectual property. We empower our clients to protect their brand, systems and confidential information by offering them a broad range of legal services related to their IP.

  • Insolvency & Bankruptcy

    Insolvency & Bankruptcy

    We act on behalf of creditors, debtors, and insolvency practitioners in a variety of re-structuring and insolvency matters.

  • Debt Recovery

    Debt Recovery

    We will recover your debts as if they were our own. For many owners, directors, and managers, debt recovery is one of the most confronting and challenging aspects of running a business. It is also crucial to the cash flow of the business, and therefore critical to its financial success.

  • Employment Law

    Employment Law

    We help our clients meet the demands and challenges of managing their workforce.

    Our team can assist in any employment law matter ranging from drafting employment agreements to giving termination advice and handling unfair dismissal applications.


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.

Contact Taurus Lawyers today.

Posted by Taurus Legal Management