• Commercial & Business Law

    Commercial & Business Law

    We are first and foremost commercial & business lawyers in Melbourne for 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.  

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  • Dispute Resolution & Litigation

    Dispute Resolution & Litigation

    We are litigation lawyers in Melbourne specialised in commercial litigation and 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 & Conveyancing

    Property & Conveyancing

    Enhanced by a wealth of experience, Taurus’ conveyancing lawyers in Melbourne can assist you with all of your conveyancing needs.

    Whether you are selling or purchasing your dream home, we are experienced in handling the conveyance to ensure the smooth settlement of your property.  We successfully perform all steps of your conveyance from reviewing or drafting the Contract of Sale through to confirming settlement has been completed with your real-estate agent.

    We are passionate about providing exemplary personal service to every client and understand that we are here to assist you during one of your most exciting and stressful transactions. We ensure that all of our clients are provided with regular updates and use our own portal allowing clients to login to view the progress of their transaction at any time.

    The conveyancing lawyers at Taurus are registered with PEXA and experts in their field.

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  • Intellectual Property

    Intellectual Property

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

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  • Insolvency & Bankruptcy

    Insolvency & Bankruptcy

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

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  • 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.

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  • Employment Law

    Employment Law

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

    We have a team of employment solicitors can assist in any employment law matter ranging from drafting employment agreements to giving termination advice and handling unfair dismissal applications.

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ENQUIRE

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