About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks appoints restructuring and insolvency partner in Sydney January 14, 2019

Monday 14 January  Maddocks has appointed its second new partner in a month with the appointment of Danielle Funston. Danielle is a restructuring and insolvency lawyer who advises clients on recoveries, liquidations, corporate restructuring and … Continued

Latest Article

Made in Australia: Tightened restrictions on the use of country of origin labels January 14, 2019

The recent decision of Nature’s Care Manufacture Pty Ltd v Australian Made Campaign Limited by the Federal Court of Australia has provided much needed guidance on the requirements for ‘Made in Australia’ and other country … Continued

Educating ourselves about the B2B unfair contract term laws

Heralded as the single biggest change to the way parties do business in decades, there has been much said about the impending ‘business to business’ unfair contract term laws. What is clear is that the new laws are here to stay, and all businesses will need to turn their minds to the new provisions when entering into contracts, enforcing their rights under contracts, and when contractual provisions are being enforced against them.

Here is a snapshot of the new laws:

  • The laws will apply to contracts entered into on, and from, 12 November 2016
  • The laws only apply where a contract is in a standard form, and meets the definition of a ‘small business contract’. A contract will be a small business contract if:
    • at the time the contract is entered into, at least one party to the contract is a business that employs fewer than 20 persons; and
    • either of the following applies:
      • the upfront price payable under the contract does not exceed $300,000; or
      • the contract has a duration of more than 12 months and the upfront price payable under the contract does not exceed $1 million.
  • If you have a small business contract that is in a standard form, any ‘unfair term’ will be void.  A term will be unfair if it:
    • would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and
    • is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and
    • would cause detriment if it were to be relied on.

The laws apply to government bodies to the extent that they are carrying on a business.

The new laws will apply to a myriad of contracts, such as standard supplier terms, the terms under which independent contractors are engaged and licencing agreements. Businesses should be taking stock to determine which of their standard form contracts may be caught by the laws, and reviewing and revising those that will fall within the law’s ambit. Many will already be dealing with the counterpart business to consumer laws that have existed for some time, and will now need to develop strategies to deal with its application to small business dealings.

Heralded as the single biggest change to the way parties do business in decades, there has been much said about the impending ‘business to business’ unfair contract term laws. What is clear is that the new laws are here to stay, and all businesses will need to turn their minds to the new provisions when entering into contracts, enforcing their rights under contracts, and when contractual provisions are being enforced against them.

Here is a snapshot of the new laws:

  • The laws will apply to contracts entered into on, and from, 12 November 2016
  • The laws only apply where a contract is in a standard form, and meets the definition of a ‘small business contract’. A contract will be a small business contract if:
    • at the time the contract is entered into, at least one party to the contract is a business that employs fewer than 20 persons; and
    • either of the following applies:
      • the upfront price payable under the contract does not exceed $300,000; or
      • the contract has a duration of more than 12 months and the upfront price payable under the contract does not exceed $1 million.
  • If you have a small business contract that is in a standard form, any ‘unfair term’ will be void.  A term will be unfair if it:
    • would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and
    • is not reasonably necessary to protect the legitimate interests of the party who would be advantaged by the term; and
    • would cause detriment if it were to be relied on.

The laws apply to government bodies to the extent that they are carrying on a business.

The new laws will apply to a myriad of contracts, such as standard supplier terms, the terms under which independent contractors are engaged and licencing agreements. Businesses should be taking stock to determine which of their standard form contracts may be caught by the laws, and reviewing and revising those that will fall within the law’s ambit. Many will already be dealing with the counterpart business to consumer laws that have existed for some time, and will now need to develop strategies to deal with its application to small business dealings.