The New Rules of Fair Play

Muscat Tanzer
Dec 2024

The New Rules of Fair Play - Navigating the Reformed Unfair Contract Terms Regime

On 9 November 2023, a series of amendments to the Unfair Contract Terms regime (UCT regime) made by the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) came into effect.

In sharp contrast to the previous position under the Competition and Consumer Act 2010 (Cth) (CCA) and Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act) – which declared unfair contract terms void, but imposed no penalty for their inclusion in contracts – the amendments:

Muscat Tanzer is a multi-faceted law firm providing end-to-end solutions. We bring a wealth of top-tier experience with a deep commitment to delivering exceptional legal solutions for our clients. Our team’s expertise spans large-scale infrastructure projects, complex construction and commercial disputes and nuanced government regulations and policy, allowing us to offer tailored advice and strategic insights to our clients in a variety of industries.

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Muscat Tanzer

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Variations

Contract Administration Article Series This is article two in our 6-part series on contract law and administration. We started the series with a contract law refresher, with articles on time, payment and security of payment, legal implications of contract breaches and post contract award contract management to follow over the course of the next four...

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Muscat Tanzer

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Time and Again – the Importance of Time in Construction Contracts

Contract Administration Article Series This is article three in our 6-part series on contract law and administration. We commenced our series with a contract law refresher followed by a high- level summary of contractual variations, with articles on payment and security of payment, legal implications of contract breaches and post contract award contract management still...

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Muscat Tanzer

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The Procurement Process – Part 2

The Procurement Process – Planning, Strategy and Legal Implications – Part 2 In Part 1 of this article series, we looked at strategies for adequately planning a procurement process, process contracts and managing risk in the planning stage. In part 2 of this article series, we consider the legal and probity implications for procurers and...

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Muscat Tanzer

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The Procurement Process – Part 1

The Procurement Process – Planning, Strategy and Legal Implications – Part 1 Tendering for contracts, whether as procurer or supplier, is difficult and requires each party to consider a number of different factors. In this article, we discuss the key considerations that procurers and suppliers must have prior to the release of a tender. Procurement...

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Risk to Reward – Navigating risk management in projects and procurement

Risk to Reward – Navigating risk managmeent in projects and procurement Effective project management hinges on a comprehensive understanding of risk – its identification, management, and potential to create opportunities. Whilst it is tempting to view risk purely as a threat to project objectives, risk can present valuable opportunities and drive innovation. In this article,...

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Muscat Tanzer

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Project Delivery – Which method is right for your project

Project Delivery – Which method is right for your project Delivering a successful project requires more than just a concept, it demands meticulous planning, strategic execution and the selection of the right delivery method. In the Construction Industry, choosing the right project delivery model can mean the difference between success and costly delays or worse....

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Muscat Tanzer

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Insuring Success

Insuring Success – The fundamental role of project insurance in risk mitigation The complexity and scale of construction and infrastructure projects give rise to a variety of risks that can jeopardise the viability of a project, making insurance a crucial component of project management. From time and cost blowouts to liquidation and litigation, project insurance...

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Muscat Tanzer

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Contract Law Refresher

Contract Law Refresher Over the course of the next six weeks, we will be covering a series of contract law and administration topics, starting with this contract law refresher, followed by variations, time, payment and security of payment, legal implications of contract breaches and post contract award contract management. Contract Law – A Refresher Contract...

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Muscat Tanzer

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Agile Procurement

Agile Procurement – Exceptions to tendering and the benefits of strategic contracting In the dynamic landscape of procurement, understanding the nuances of tendering exceptions and strategic contracting approaches allows local governments to be agile to opportunities and transform challenges into excellent outcomes. From relationship contracting through streamlined panel arrangements to agile procurement strategies, local governments...

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Muscat Tanzer

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Contractor Liquidations

Contractor Liquidations – Best practice management of contractor liquidations When a head contractor is unable to complete a project due to liquidation, the consequences can be severe and widespread. Principals (including councils) may face unfinished projects, additional costs in hiring a new contractor, angry subcontractors, media scrutiny and other challenges. Unfortunately contractor liquidation is always...

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Market-led Proposals

Market-led Proposals – Market-led proposals and the use of beneficial enterprises for the disposal of land When a member of the public puts forward a unique proposal to a local government which would involve the disposal of land (by lease or sale) owned by that local government, the process in which that local government must...

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Muscat Tanzer, founded by Paul Muscat and Craig Tanzer, is a specialist law firm on the Gold Coast providing expert legal services in infrastructure, construction, procurement, probity, commercial, and government law across Australia. Committed to growth and excellence, the firm continues to expand its team and fosters future legal talent through internships and graduate opportunities.

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The New Rules of Fair Play

The New Rules of Fair Play - Navigating the Reformed Unfair Contract Terms Regime

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