Checklist · Competition & Consumer Law

Unfair contract terms review checklist for standard form consumer and small business contracts

Clause-by-clause checklist for reviewing a standard form consumer or small business contract against the unfair contract terms regime, now backed by civil penalties, with a record of the reasons for keeping, changing or removing each risk term.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked against the cited sources on 17 October 2026.
Version
1
Source
Written for this library

When to use it

Use when drafting, reviewing or auditing a business's standard terms (website terms, subscriptions, supply, franchise, licence or service contracts) for consumers or small businesses. Do not use for genuinely negotiated contracts, or to review financial product contracts without also checking the ASIC Act equivalents.

How AI may be used

Close supervision. AI is well suited to finding candidate unfair terms across many contracts and versions, but whether a term causes a significant imbalance and is reasonably necessary to protect legitimate interests is a lawyer's judgment on evidence from the client.

AI may

  • Extract every clause that matches the risk categories in Part 3 into a table with clause references, across all versions of the client's terms.
  • Flag terms that are hard to find, hard to read or inconsistent between documents.
  • Suggest plainer or mutual wording for terms the lawyer has decided to change.

AI must not

  • Must not conclude that a term is or is not unfair.
  • Must not invent the client's legitimate interest or the evidence for it.
  • Must not upload confidential client contracts to a tool whose terms allow training on inputs.

The lawyer checks

  • The contract is within scope (consumer or small business, standard form, made or varied on or after the relevant date).
  • For every term kept, the client's legitimate interest and the evidence that the term is reasonably necessary are recorded.
  • Changes do not create new problems (for example, removing a cap that was the only limit on the customer's liability).

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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