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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
The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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