Audit a standard-form contract for unfair terms under ACL ss 23–28
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Flag clauses that may fail the three-limb UCT test (significant imbalance, not reasonably necessary, detriment) and produce a suggested mark-up with risk ratings.
- What the lawyer must review
- Remember unfair terms are illegal since 9 November 2023; up to $100m per term from 28 March 2026
- Confirm standard form
- Confirm consumer or small business (under 100 staff or $10m turnover; no contract cap)
- Test each flag, especially 'reasonably necessary'
- Check ACCC enforcement
- Written for / version
- Commonwealth versionCth
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.