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| Cases | Contact Us | Intro Page | RESOURCES |
When a company has taken advantage of you by aggressive use of a biased contract, the law is not always on your side. Governments such as the Queensland Government neglect their duty to protect citizens from unfair contract clauses. If you are in the unfortunate predicament of having no Governmental support, and you feel that you have been snared by an unfair contract, the best course of action is to bring your issue to the wider public eye. Following are a few resources which may assist you.
1. Publish The FactsSend us the details of your complaint. We will publish the facts and let the readers determine the integrity of the company concerned. Please see the general instructions on our Contact Us page.
Join the forum at www.notgoodenough.org and discuss your issues with others.
2. Contact Government Agencies
Depending on your issue, you may be able to get some assistance from Government departments. Here are some examples of Government departments which may be able to assist with your issues.
| A.C.T Fair Trading | www.fairtrading.act.gov.au |
| Northern Territory Fair Trading | www.caba.nt.gov.au |
| NSW Fair Trading | www.fairtrading.nsw.gov.au |
| Queensland Fair Trading (Unfortunately this department offers very little help with unfair and biased contracts terms, but they may be able to help with other matters) |
www.fairtrading.qld.gov.au/ |
| South Aust. Fair Trading | www.ocba.sa.gov.au |
| Tasmanian Fair Trading | www.justice.tas.gov.au/ca |
| Victorian Fair Trading | www.consumer.vic.gov.au |
| Western Aust. Fair Trading | www.docep.wa.gov.au |
| Australian Competition and Consumer Commission (Unfortunately this department offers very little help with unfair and biased contracts terms, but they may be able to help with other matters) UPDATE AUGUST 2007 - The Australian Federal Government has recognised that unilateral variation clauses in contracts are not ethical and are in the process of amending section 51AC of the Trade Practices Act 1974. The new provisions in the Trade Practices Act will specifically target these types of contracts for the courts to take into consideration in claims of Unconscionable Conduct. |
www.accc.gov.au |
| New Zealand Fair Trading | www.consumeraffairs.govt.nz/ |
3. Contact Government Representatives
If your Government have not legislated any protective laws, and there are no Government departments able to assist you, you should consider writing to the Government officials and your local representatives to enquire as to why they don't feel a need to protect the public from unscrupulous operators. See some contact examples below. If these officials get enough letters they may even decide to pass legislation so that departments with names such as "Queensland Fair Trading" will be able to handle complaints about companies who write unfair contracts.
Remember - these are your elected representatives. You should have no hesitation in letting them know how you feel.
| Queensland Minister for Fair Trading Mrs Margaret Keech (Mrs Keech is also the Minister for Tourism, Wine Industry Development and Women) |
Phone:
07 3224 2004 Fax: 07 3229 0434 email: tourism@ministerial.qld.gov.au |
| Australian Parliament | |
| NSW Parliament | |
| Queensland Parliament | |
| South Australian Parliament | |
| Victorian Parliament | |
| Western Australian Parliament | |
| New Zealand Parliament | |
4. Check What Others Are Doing
| ACCC site - Federal Court determination of unconscionable conduct in relation to actions of BIS Cleanaway in a previous, unrelated matter. |
| Choice Magazine |
| Consumers Federation of Australia discussion on unfair contract terms legislation in the EU. If they were including a section on Australia it would consist of two words - "A Joke". |
| Consumers Federation of Australia Main Site |
| Consumers Federation Media Pack |
| Fairfax County Virginia Consumer Information |
| NBC4 Consumer Watch |
| Unfair
Contract Terms Queensland Discussion Paper (This was a discussion paper from 2004. As far as we are aware, nothing ever came from it - it was just "discussed".) |
| Unfair Contract Terms Act - UK |
| Unfair
Contract Terms Bill - UK (Australia definitely needs something like this) |