Insights

Short, sourced reads on Australian contract law. What the rule actually says, which Act it sits in, and what it changes for the contracts your business signs.

Australian contract law: the numbers

Penalty units, superannuation, thresholds and both "small business" tests - the figures that decide Australian contract obligations, with the date each applies from.

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One underpaid rate, three years later

A rate that's a few dollars short doesn't cost a few dollars. It repeats every pay run, across every hire on that contract, with superannuation on top.

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Unfair contract terms apply to business contracts here

Australia applies unfair contract terms to business-to-business agreements. The UK and EU don't - which is why a global tool clears an Australian supplier contract.

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How long can a non-compete be in Australia?

There's no fixed limit. A restraint is enforceable only so far as it's reasonable - and the same clause is treated differently in different states.

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Your contractor might still be owed superannuation

A genuine contractor can still be owed superannuation. Australia runs two independent tests, and passing one doesn't answer the other.

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Tasmania passed a retail leases Act in 2022. It has never commenced

Tasmania's Retail Leases Act 2022 received assent in December 2022 and has never been proclaimed. Citing it gets everything after it wrong.

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Contractam provides contract analysis and information, not legal advice. For advice specific to your situation, consult a qualified Australian lawyer. Contractam analyses contracts under Australian law only. See our disclaimer.