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

Who does what
RoleWhat they do
AssistancePotential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
  2. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  3. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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