Q: The doctor stated that it was cancer. It is not progressive, and I will not die soon. However, I would like to take this opportunity to leave a will. What do I need to be aware of when drafting a will.
A: As Australian laws on wills vary by state, a brief description will be provided in relation to the NSW Succession Act 2006 (NSW).
There are many things that need to be taken into consideration when drafting a will. First of all, in my experience, if the inheritance is divided equally among family members, there is a very low chance that a dispute will arise. However, special consideration must be given if preferential treatment is given to certain heirs.
Additionally, the assets may not be distributed according to the will. If it is determined that the testator does not have legal ability due to conditions such as dementia or mental illness or the testator is determined to have been unduly affected when preparing the will, the will in itself will become invalid. Furthermore, spouses and children are to some extent protected by the law regardless of the contents of the will.
In order to avoid disputes regarding the will, it is most desirable to use the legally required format and signature method. In other words, the will must be in writing and signed by the testator and at least two witnesses. However, even if the will does not meet these requirements, the court may still recognise its validity. In some cases, wills written on an iPhone app are considered valid and in other cases a video recording of a will can also be considered valid. However, it costs money and time for the court to recognise the validity of a will that has not met the requirements mentioned above. It is best for it to be in written format.
Additionally, if assets also exist outside of Australia such as in Japan, as far as I know, in accordance with Japanese law, wills that are recognised in Australia will be recognised in Japan. However, the procedure is still complicated so wills should also be drafted in Japan. You must ensure that the two wills do not contradict each other and are consistent.
Recently, a will preparation kit has been made commercially available. However, it is still best to consult a lawyer so that your intentions are accurately reflected in the will.
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Artificial Intelligence (AI) and International Arbitration
International arbitration has long been valued for its flexibility, neutrality, and adaptability. In recent years, however, the emergence of artificial intelligence (AI) has introduced a new set of opportunities and challenges that are likely to reshape arbitral practice. Unlike earlier waves of technological change, AI has a particularly pervasive impact: it is capable of touching almost every stage of the arbitral lifecycle; from pre-dispute planning and arbitrator selection to evidentiary and document review, hearings, award drafting, and enforcement. AI in the Context of International Arbitration AI in arbitration may be grouped into several broad categories: • Language and speech technologies: real-time transcription, machine translation, speech analytics, and voice synthesis. • Document and data analysis: technology-assisted review (TAR), document clustering, contract analytics, and predictive search. • Reasoning and drafting support: summarisation, brief drafting, case law synthesis, and award-structuring tools. • Forensics and authenticity: detection of manipulated evidence, such as deepfakes, and analysis of metadata. • Decision support and analytics: outcome prediction, damages modelling, and arbitrator selection analytics. Each class of AI raises distinct questions regarding admissibility, transparency, fairness, and due process, all of which are central to the credibility, integrity and legitimacy of arbitral proceedings. Impact Across the Arbitral Lifecycle Pre-dispute Planning and Arbitrator Selection AI is increasingly shaping arbitration before disputes even arise. Contract drafters now anticipate AI-related risks by including specific provisions in arbitration clauses; for example, restrictions on uploading confidential information to public AI systems, or agreement on translation protocols.In arbitrator selection, AI-driven analytics tools reveal past decision-making patterns, areas of expertise, and potential conflicts. These tools broaden candidate pools and might assist in promoting diversity. However, there is also a danger of over-reliance on statistical patterns, creating feedback loops that favour “safe” or well-documented profiles, while sidelining lesser-known but equally qualified candidates. The key future challenge might be ensuring that arbitrator appointments remain a human decision, informed (but not dictated) by algorithms. Pleadings and Written Submissions AI tools assist counsel in drafting, citation-checking, and issue-spotting, leading to faster production of submissions. However, they also raise the very real risk of ‘hallucinations’, in which non-existent cases or inaccurate authorities are cited. If not carefully verified, such errors may undermine the credibility of submissions and result in disciplinary and costs sanctions.Tribunals may need to implement integrity protocols requiring parties to certify that authorities cited have been human-verified and that any AI-generated drafting has been carefully reviewed. In short, efficiency gains must not come at the expense of accuracy and reliability. Evidence and Document Production One of the most transformative effects of AI is in document review. TAR and clustering tools can reduce costs and streamline discovery, especially in multilingual disputes. But new problems may arise: • Privilege risks: Uploading confidential or privileged documents into public AI systems may inadvertently waive privilege or breach confidentiality obligations. • Authenticity concerns: The rise of deepfakes means tribunals must adopt more robust standards for authenticating video, audio, and photographic evidence. Best practices include adopting AI evidence protocols that require disclosure of the tool used, validation steps, and an auditable chain of custody. Tribunals should also anticipate the need for forensic experts to test the reliability of AI-processed evidence.Although AI can accelerate document production, it can also magnify risks of privilege breaches and fabricated evidence. Hearings AI is already embedded in arbitral hearings through transcription and machine translation. While these tools enhance accessibility, they introduce risks of misinterpretation that may unfairly affect witness credibility. More troubling is the possibility of covert AI assistance during testimony; for example, perhaps even the rather outlandish-sounding risk that a witness might receive real-time AI-generated prompts. Tribunals should consider addressing these risks in their procedural orders by: • approving specific transcription and translation tools, • prohibiting generative assistance during testimony, and • ensuring technological parity so that neither party has an unfair advantage. Going forward, procedural fairness is likely to require careful management of AI use during hearings. Deliberations and Award Drafting AI may certainly help arbitrators structure factual chronologies or verify consistency within an award. However, using AI in deliberations themselves raises two fundamental risks: • Breach of confidentiality: Uploading draft awards to external AI systems may compromise deliberation secrecy. • Improper delegation: If arbitrators rely on ‘opaque’ algorithms to decide on questions of facts or law, the award may be vulnerable to challenge under the New York Convention. The appropriate role for AI should therefore be limited to clerical or stylistic support, with substantive determinations reserved for the tribunal. Arbitrators must ensure that their awards are demonstrably the product of human reasoning. AI should assist, but never replace, the tribunal’s independent judgment. Post-Award Challenges and Enforcement AI use in arbitration could foreseeably feature prominently in set aside and enforcement proceedings. Parties may challenge awards on the grounds that undisclosed reliance on AI deprived them of due process (New York Convention, Article V(1)(b)) or that the award violates public policy (Art. V(2)(b)). Tribunals should mitigate such risks by keeping sealed records of any AI assistance used in drafting, limited to clerical tasks. This approach allows them to rebut speculative challenges without breaching deliberation secrecy. Regulatory and Ethical Considerations AI use runs the risk of introducing several cross-border tensions: • Data protection: Rules such as the EU’s GDPR, China’s PIPL, and Brazil’s LGPD complicate the use of AI platforms that transfer or store personal data abroad. • Confidentiality: Many consumer AI systems retain and train on user data, which conflicts with arbitration confidentiality obligations. • Export controls and sanctions: Some AI technologies are subject to restrictions, which may impact their use depending on the seat of arbitration. • Professional duties: Counsel must exercise competence and candour when using AI. Submitting unverified AI-generated content may breach professional ethics. Regulatory compliance and ethical oversight are essential in order to safeguard the legitimacy of arbitration. Costs, Time, and Environmental Impact AI can reduce costs by streamlining document review and shortening timelines, but it can also generate inefficiencies if inappropriately used. For example, hallucinated citations may necessitate costly corrections. From an environmental perspective, AI may reduce travel by enabling remote hearings, though large scale computation carries its own carbon footprint. It is likely that, in the future, tribunals will increasingly scrutinise whether parties’ AI-related expenditures are proportionate and recoverable as costs of arbitration. AI can undoubtedly make arbitration faster and cheaper if deployed responsibly, but careless use can equally have the opposite effect. Snapshot of Strategic Opportunities and Risks Opportunities: • More accurate multilingual proceedings through AI translation. • Faster and more efficient document review • Enhanced damages modelling and tribunal analytics. • Broader and more diverse arbitrator lists. Risks: • Hallucinated citations and unreliable outputs. • Privilege waivers from inappropriate AI use. • Undisclosed reliance on AI during testimony or deliberations. • Awards undermined by improper delegation to AI systems. Some Recommendations for Good Practice To integrate AI responsibly into international arbitration, tribunals and parties should adopt the following measures: • Include explicit AI provisions in Procedural Order No. 1, covering use, disclosure, authentication, and sanctions. • Require the use of enterprise-grade AI tools that do not train on confidential inputs. • Approve common translation and transcription platforms to ensure parity. • Mandate disclosure of method statements and validation for AI-processed evidence. • Establish forensic protocols for ‘deepfake’ detection. • Ensure that all substantive decisions remain with the tribunal. • Maintain audit trails of AI usage for accountability. • Allocate costs proportionately, rewarding efficient use and penalising misuse. • Safeguard deliberation secrecy by prohibiting external AI in award drafting. • Prepare enforcement-ready records to counter challenges under the New York Convention.
Ad hoc and Institutional Arbitration
Arbitration is an increasingly preferred alternative to traditional litigation, particularly in commercial and international disputes. For businesses engaged in cross-border transactions, especially within the Asia-Pacific region, choosing between institutional and ad hoc arbitration can significantly influence the efficiency, cost and enforceability of dispute resolution. This article outlines key differences and practical considerations to help parties make informed decisions. Institutional Arbitration Institutional arbitration is conducted under the rules of a recognized arbitral institution, such as the Singapore International Arbitration Centre (SIAC), Hong Kong International Arbitration Centre (HKIAC) or the Australian Centre for International Commercial Arbitration (ACICA). These bodies offer a structured procedural framework and dedicated administrative support. The benefits of institutional arbitration include clearly defined rules that reduce procedural uncertainty, experienced panels of arbitrators and stronger international recognition of awards. Importantly, parties do not need to negotiate fees directly with arbitrators, as institutional rules often prescribe a fee schedule or allow the institution to manage these arrangements. The presence of a secretariat or case management team ensures that timelines are monitored and adhered to, minimizing procedural delays. Institutions also handle logistical and ancillary services such as transcription, interpretation, and hearing room bookings, relieving parties of the administrative burden. While institutional arbitration is often associated with higher administrative costs and reduced procedural flexibility, many institutions now offer streamlined rules and expedited processes to balance efficiency with oversight. Some institutions even extend their facilities, such as venues and financial administration services, to support ad hoc arbitrations, providing a hybrid option that blends autonomy with professional support. Ad hoc Arbitration Ad hoc arbitration does not involve an administering institution. Instead, the parties themselves agree on procedural rules, nominate arbitrators and manage the process independently. This approach offers greater flexibility and can be more cost-effective in the right circumstances. The appeal of ad hoc arbitration lies in its autonomy and adaptability. Parties can customise procedures to suit their commercial needs, potentially achieving faster outcomes with reduced expense. However, without institutional support, parties must arrange all aspects of the process, including arbitrator appointments, fee negotiations and ancillary services. This lack of infrastructure can lead to delays, especially when parties are uncooperative or disputes arise about procedure. Additionally, enforcement of awards may be more difficult if procedural irregularities affect the arbitration’s perceived legitimacy. Strategic Considerations for PartiesFor businesses operating in the Asia-Pacific, selecting the right arbitration model depends on factors such as dispute complexity, anticipated costs, international enforceability and the likelihood of party cooperation. Institutional arbitration is generally better suited to large-scale, cross-border disputes where predictability, enforceability and reputational assurance are important. The procedural structure and secretariat support offered by institutions can be critical in managing complex cases and ensuring compliance with deadlines. In contrast, ad hoc arbitration may be appropriate for smaller claims or domestic matters where parties are aligned on process and cost considerations and may still benefit from certain institutional services when needed. Ultimately, well-drafted arbitration clauses are essential. Legal advice at the contract negotiation stage can ensure that the chosen arbitration method aligns with a company’s broader commercial objectives and mitigates legal risk. As arbitration continues to expand across the region, businesses would do well to engage counsel experienced in both institutional and ad hoc frameworks to guide their approach. ConclusionWhile both institutional and ad hoc arbitration have their respective merits, the growing preference for institutional arbitration, reflected in a 2015 survey where 79 per cent of users opted for institutional mechanisms, underscores its practical advantages in the context of international commercial disputes. Institutions offer procedural certainty, administrative support, and enhanced credibility of awards, which are crucial when dealing with complex, cross-border matters. Additionally, the elimination of direct fee negotiations with arbitrators and the availability of ancillary services contribute to a smoother and more reliable process. Although institutional arbitration can be more costly and less flexible, its structured framework often proves more dependable, particularly where cooperation between parties is limited. Ultimately, the decision between institutional and ad hoc arbitration should be informed by the specific needs of the parties, the complexity of the dispute, and the importance of enforceability and procedural support.
How Can International Arbitration Be Made Cost Effective?
Making International Arbitration More Cost Effective International arbitration remains a preferred method for resolving cross-border disputes, especially in the Asia-Pacific. However, the process can be costly and protracted, often attracting criticism from commercial parties who seek timely and efficient outcomes. As arbitration continues to evolve in the region, cost effectiveness requires coordinated efforts from parties, arbitrators, institutions and legislators alike. Enhancing Efficiency Through Strategic PlanningMuch of the responsibility for controlling arbitration costs lies with the parties and their legal representatives. Early case assessment and a clear procedural strategy can significantly reduce inefficiencies. By developing a well-defined case theory from the outset, parties can better assess settlement options and avoid unnecessary procedural steps. Importantly, parties should give more thought to dispute resolution clauses before a dispute arises. Too often, these clauses are treated as boilerplate without due consideration of their strategic impact. This is the moment to agree to mechanisms that can streamline future proceedings, such as adopting the IBA Rules on the Taking of Evidence in International Arbitration, which typically provide for more limited disclosure than common law approaches. Likewise, agreeing on the preparation of core document bundles and the use of admissions, even where these may be unfamiliar in civil law jurisdictions, can help narrow the factual issues in dispute and avoid unnecessary fact-finding. Choosing the right arbitrator is equally critical. Opting for a sole arbitrator, particularly one with availability and relevant industry experience, can eliminate the risk of scheduling conflicts and streamline decision-making. This is especially important in the Asia-Pacific region, where access to experienced arbitrators is competitive. Technology also plays a key role in reducing costs. Remote hearings now offer a practical alternative to in-person appearances, eliminating travel expenses and enabling greater flexibility in scheduling. Additionally, focusing on essential evidence and narrowing the scope of issues helps prevent the arbitration process from becoming unnecessarily prolonged. Arbitrators as Drivers of Procedural Efficiency Arbitrators play a pivotal role in setting the tone for an efficient process. Active case management, through clear timelines, procedural orders and firm expectations, helps ensure alignment throughout the arbitration. A key efficiency measure is for arbitrators to clarify the live issues early on, either by preparing their own list for party comment or asking the parties to jointly define them. This can dramatically reduce the time spent arguing peripheral matters. While arbitration is, to some degree, the parties' process, arbitrators should not be overly deferential. Effective case management may require firm intervention. Arbitrators should feel confident using procedural tools such as bifurcation, summary dismissal, or early partial awards, and they should not be deterred by concerns that being prescriptive might affect future appointments or trigger challenges to the award. The tribunal has a responsibility not only to the parties but also to the integrity of the arbitral process. Limiting the volume of submissions and requiring parties to justify the relevance of their evidence are further levers that tribunals can use to ensure the arbitration stays focused and proportionate. Arbitrators should also remain alert to opportunities for early settlement. In jurisdictions such as Singapore and Hong Kong, where mediation is well integrated, they can encourage or facilitate early resort to alternative dispute resolution (ADR) mechanisms. Institutional Support and Legislative Reform Arbitral institutions in the region, including the Singapore International Arbitration Centre (SIAC) and the Hong Kong International Arbitration Centre (HKIAC), have taken steps to improve procedural efficiency. Many now offer expedited procedures that compress timeframes and reduce unnecessary steps, making them ideal for less complex or lower-value disputes. Institutions can go further by actively managing arbitrator availability, enforcing award delivery timelines, and promoting the use of ADR within the arbitration process. In countries such as Australia and New Zealand, where mediation is common, institutions could empower tribunals to stay proceedings to allow for meaningful settlement discussions. Legislation also plays a role. Clear statutory endorsement of summary procedures and expedited mechanisms can remove uncertainties about their enforceability and encourage broader adoption. Recent reforms in arbitration laws across the Asia-Pacific reflect a growing appetite for speed and economy in international arbitration. Practical Steps to Consider To maximise cost efficiency, parties and legal representatives should: • Carefully negotiate dispute resolution clauses during contract formation, considering procedural rules (e.g. IBA Rules) that limit scope and disclosure. • Include pre-arbitration settlement or ADR clauses in contracts. • Agree early on procedural matters such as timelines, core bundles and potential admissions. • Engage experienced arbitration counsel familiar with regional practices. • Limit evidence and witnesses to those strictly necessary. • Consider remote hearings wherever appropriate. Conclusion Cost effective arbitration is not achieved through isolated efforts. Instead, it requires a coordinated approach involving proactive parties, decisive arbitrators, supportive institutions and forward-looking legislation. By embracing efficient case management, agreeing procedural rules and issues upfront, leveraging technology and adopting expedited procedures, international arbitration can continue to serve as a reliable and commercially viable dispute resolution mechanism, particularly for businesses operating across the Asia-Pacific.
Closing Loopholes: The Right to Disconnect
On 26 February 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) received Royal Assent, amending the Fair Work Act 2009 (Cth) (the Act).One of the changes enacted by this amendment is the introduction of “the right to disconnect” – the right for employees to not respond to work communications outside of ordinary work hours from 26 August 2024. 1. What is the Right to Disconnect? The right to disconnect is the employees’ right to refuse monitoring, reading, or responding to emails, telephone calls or any other kind of communication from their employer outside of work hours, except where such contact is reasonable. This applies to any contact from communications from a third party relating to work outside of work hours. The right to disconnect will become a protected right under the general protection regime in the Act, meaning that the employer is barred from taking any adverse action (e.g., disciplinary action, demotion or dismissal) against the employee for reasonably refusing work-related contact or attempted contact. This provides a broader avenue for employees to bring a claim against employers – in comparison to the unfair dismissal claim. However, this right to disconnect does not mean that employers are not allowed to contact their employees outside ordinary working hours – rather, while the employers may attempt contact with their employees, the employees have a right to refuse to consider any contact relating to their work. Small businesses exemptions Small businesses are exempt from the application of the right to disconnect until 26 August 2025, which gives them more time to prepare and adjust for any changes. Under the Act, you are a small business employer at a particular time if you employ less than 15 employees at that time. A casual employee is not counted unless the employee is a regular casual employee, and your associated entities (e.g. parent company or subsidiaries) are taken to be one entity. 2. What is a reasonable contact? The salient caveat to this new right is that employees cannot exercise their right to be disconnected where such contact is deemed reasonable and necessary. The new legislation provides the following factors that could be used to judge whether the contact is reasonable: 1. Nature and urgency of the reason for contact; 2. Method of contact and the level of disruption for the employee; 3. Degree of compensation for employees for the work outside their normal working hours; 4. Nature of employee’s role and level of responsibility; and 5. Employee’s personal circumstances. For instance, where contact is required under a law of the Commonwealth, State or Territory, the contact would be deemed to be a reasonable exception to the employees’ right to be disconnected. Also, the expectation of a managerial-level employee to respond to urgent emails will be higher than that of a low-level employee involved in clerkish duties. 3. Dispute over the Right to be Disconnect? As there are no case precedents to expand on the meaning of “reasonable contact”, many workplaces may face disputes over the application of this novel right. Where such a dispute occurs, employers and employees should primarily attempt to resolve the dispute at the workplace level through internal discussions. Nonetheless, if the dispute cannot be resolved internally, either party may apply to the Fair Work Commission to make a “Stop Order” that is presumed to operate similarly to the current anti-bullying order. The employee may order the employer to stop taking adverse actions, and the employer may also apply for a stop order to oblige the employee to stop unreasonably refusing to monitor, read or respond to contact or attempted contact from the employer. Currently, a breach of such a stop order may attract civil penalties of up to 60 penalty units (currently equivalent to $11,538.60) under the Act. 4. What does this mean for employers? Proper responsiveness to this new legislation will require appropriate adjustments to existing business policies. Employers should begin by considering how they may change existing work standards, practices and policies whilst also providing training to managers on this new change. We recommend that employers establish internal procedures for any after-hour communications, based on the specific role of each employee. Specifically, we propose employers to review their current employment contracts and job descriptions as well as employment handbooks to ensure no clauses expect the employees to work outside the normal working hours (depending on the nature of the role), and also consider providing internal training to all employees on this new right to disconnect. 5. Our thoughts While this right to disconnect may seem a little odd for many hard-working Australians, this right has existed from as early as 2016 in European countries, such as Spain and France. Since then, other countries around the globe, including Belgium, Portugal, India, Argentina, Chile, and Brazil, have implemented this right to disconnect to assist with growing occupational health issues that have arisen due to digital connection and growing work hours. We have seen successful implementation of this right to disconnect in other jurisdictions, overcoming prior concerns over workplace productivity and communication. Some practical recommendations for this right to be disconnected could include technical solutions like automatic forwarding of messages from inboxes of people on holiday or the use of a delayed sending option so people do not receive messages outside their working hours. Other humanistic approaches can be implemented by including information that the sender does not expect a reply on the same day, or by conducting firm-wide training on the new right, which some firms have already been doing for a long time before this right became a law. Please do not hesitate to contact us if you have any questions about this new law and how best to prepare your business and employees. Disclaimer: The contents of this publication are general in nature and do not constitute legal advice. The information may have been obtained from external sources and we do not guarantee the accuracy or currency of the information at the date of publication or in the future. Please obtain legal advice specific to your circumstances before taking any action on matters discussed in this publication.
Are you at risk of being penalised for “vague” and “onerous” contractual terms?
Key Takeaway Points: • There has been increasing scrutiny over the use of standard form contracts containing unfair contract terms. • Unfair contract terms are those that (a) cause a significant imbalance in the parties' rights and obligations; (b) are no reasonably necessary to protect a party’s legitimate interests; and (c) would cause detriment to the other party if given effect. • New and increased penalties (which could be up to $50 million) will start applying from 10 November 2023. On 4 April 2023, the Australian Securities and Investments Commission (ASIC), filed a case in the Federal Court against Auto & General Insurance Company Limited (Auto & General) over a contractual term which is alleged to have aided in Auto & General being able to unfairly reject consumer claims. Under the contract in question, customers were required to notify Auto & General “if anything changes about [the customers] home or contents”. ASIC came to the view that the clause: • imposes an obligation on customers to notify Auto & General if ‘anything’ changes about their home or contents, which would have been too onerous, vague and/or impractical; • suggests that Auto & General has a broader right to refuse claims or reduce the amount payable under claims if the customer does not meet the notification obligation, than is available under the Insurance Contracts Act 1984; and • could mislead or confuse the customer as to their true obligations and rights under the contract. Accordingly, ASIC alleges that the contract term is unfair under the Australian Securities and Investments Commission Act 2001 (ASIC Act). What are ‘unfair contract terms’? An ‘unfair contract term’ is unenforceable in an Australian court. Whether a term is “unfair” is determined by applying a 3-limbed test set out in the ASIC Act or the Australian Consumer Law (contained in Competition and Consumer Act 2010) (ACL) as follows: 1. The term will cause a significant imbalance in the parties’ rights and obligations under the contract; and 2. The term is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and 3. The term would cause detriment (whether this be financial or otherwise) to a party if the term was applied or relied on. The ACL specifically protects consumers and small businesses from unfair contract terms contained in ‘standard form contracts’. ‘Standard form contracts’ refer to those where there is an imbalance in parties’ bargaining powers, the contract is based on a template with little scope for negotiations or amendments, and/or are presented on a “take it or leave it” basis. There is a presumption that a contract is a standard form contract, in that the person who prepared the contract has the onus of proving that it is not. Recent amendments to the unfair contract term provisions The Auto & General case follows recent amendments which significantly expand the ambit of the unfair contract terms provisions contained in the ACL and the ASIC Act, both of which demonstrate the government’s focus on enforcement (and in turn the need for businesses to review their legal documentation). A key change is the introduction of civil penalties under the ACL and ASIC Act for breaches of the unfair contract term prohibition, reinforced by significant increases in maximum penalties for breaches under the ACL. These penalties will take effect from 10 November 2023, and addresses the issue of the unfair contract terms provisions having largely been “toothless” until now. A brief summary of the key changes to the law can be seen below: Current Law New Law The unfair contract terms protections apply to a small business contract where one party is a business employing less than 20 persons and the upfront price payable under the contract is under $300,000, or $1 million for contracts lasting more than 12 months. Under the ACL, the unfair contract terms protections will apply to a small business contract where one party is a business employing fewer than 100 persons or has a turnover for the last income year of less than $10,000,000. Under the ASIC Act, the protections will apply to a small business contract if the upfront price payable does not exceed $5,000,000, and one party employs fewer than 100 persons or has a turnover for the last income year of less than $10,000,000. No pecuniary penalties. For corporations, increased penalties up to the greater of: • $50,000,000; • 3 times the value of "reasonably attributable" benefit obtained; or • 30% of the corporation's adjusted turnover during the period it engaged in the conduct. $2,500,000 for individuals. Where a court determines a term in a standard form contract to be unfair, it is automatically void. The court can also make orders for the whole or any part of a contract or collateral arrangement, including that the contract is void. The orders can only be made when a person or class of persons has suffered, or is likely to suffer, loss or damage. The court can make orders for: • a whole contract or collateral arrangement, including to void, vary or refuse to enforce the contract, if this is appropriate to prevent loss or damage that is likely to be caused (i.e. there is no need for actual loss or damage). • on the application of the regulator, preventing a term that is the same or substantially similar in effect to a term that has been declared as unfair, from being included in any future standard form small business or consumer contracts; • on the application of the regulator, to prevent or reduce loss or damage which is likely to be caused to any person by a term that is the same or substantially the same in effect to a term that has been declared unfair. How does this affect you and how can we assist? Sarah Court, the Deputy Chair of ASIC, stated that: ‘Contract terms need to be proportionate, transparent and clear, so any obligations are easily understood and able to be realistically adhered to by customers. They must accurately describe the actual rights and responsibilities of the parties under the contract.’ It is not long until the amendments kick in. As such, we strongly recommend that you review your standard form contracts to ensure no issues arise regarding any unfair contract terms. Please contact us if you are unsure whether your contracts are standard form contracts containing unfair contract terms.
Domestic Violence (DV) in Migrant Communities
In Australia, domestic violence is a serious issue that affects both women and men, with one woman every 9 days and one man every month losing their lives to domestic violence. This issue is particularly prevalent among migrant communities, with victims of domestic violence being more common among migrants and those on temporary partner visas. This may be due to a range of factors, including concerns about their visa status, language barriers, lack of knowledge about government support, limited family networks, lack of alternative accommodation, or financial constraints that prevent them from leaving their abusive partners. Domestic violence includes not only physical violence but also psychological and financial abuse. If you are experiencing domestic violence, it's important to know that there are national and state helplines (service providers) that you can contact to seek assistance. These helplines can connect you with support services that can provide information, assistance, and referrals to local services that can help with safety planning, emergency accommodation, legal assistance, and counseling. Contact details can be viewed via below link. Support Services: respect.gov.au If you cannot speak English, you can request an interpreter to help you communicate with service providers. Some service providers can help you find short-term or medium-term accommodation to escape the violence, including accommodation where you can stay with your children. Qualified professionals such as social workers and counselors can advise you on available services that can meet your specific needs, and they will not force you to take any action against your will. By gathering information about available services, you can be empowered to act when you need to. Remember, domestic violence can happen to anyone, and seeking help is an important step towards ensuring your safety and well-being.