Corporate Counsel’s Guide to The Unfair Contracts Regime Changes

The increased use of the Unfair Contract Terms Regime as a defence in legal claims during debt recovery is not a coincidence. It’s a result of economic growth softening, the end of COVID-friendly terms, and changes in penalties.

In this article, we explain why this trend is happening, how to assess the validity of this growing legal defence strategy, and our approach to support credit managers and financial decision-makers in identifying invalid claims.

Contributing Factors to this Trend

Several factors contribute to this uptick in defences, with the state of the economy being the most significant.

Principal Anna Taylor outlined

Following a slowdown due to COVID-19, the ATO is now actively pursuing legal action by way of winding up applications and the registration of credit defaults leading to more insolvency appointments, and in turn, a noticeable rise in unfair preference claims by liquidators.

In this video, Principal Nicholas Boyce highlights the importance of acting quickly in insolvency scenarios to protect creditors’ rights and security and shares a case where we assisted a client in recovering goods supplied to an insolvent residential building company and negotiated with the liquidator for resale.

Nick also covers the rise in unfair preference claims by

In this video update, Rob Shepley, Principal at Results Legal and head of the Commercial Division, shared insights on the firm’s recent efforts to help clients navigate different facets of business transactions successfully.

He offers insights into key aspects of business mergers, factors for strong shareholder agreements, and outlines our approach to devising trading documentation that streamlines negotiations.

Whether you’re seeking guidance on commercial transactions, drafting essential documents, or refining procurement strategies, our dedicated team is here to assist you every step of the way.

If we can assist in any way, please contact our team on 1300 757 534

In July 2023, the ATO implemented changes concerning the disclosure of tax debts, especially those exceeding $100,000, to credit reporting agencies.

By the end of the 2023-24 fiscal year, the ATO anticipates issuing over 50,000 debt disclosure notices to businesses.

These changes are already impacting businesses and adding additional uncertainty in the market. Results Legal has a specialist division that works with businesses that supply goods and services.

In this video, Anna Taylor, a Principal at Results Legal specialising in commercial litigation, specifically trade credit litigation, sheds light on the recent increase in ATO tax default registrations and its flow

The first quarter of 2024 has continued to be a time of uncertainty in the commercial landscape.

It is important for professionals, advisors, and business leaders to stay informed and ready for legal and commercial changes.

In this video, Managing Director Karl Hill shares high-level insights on current trends in our core practice areas that are affecting our clients.

As we approach the final quarter of the financial year, we hope these insights assist as you shape your strategies for the coming months.

Topics covered in this video include:

• Trends in commercial disputes
• Factors influencing insolvency rates
• Impacts of
  
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In this video, Results Legal Manging Director Karl Hill discusses what we’re seeing in the trade credit and debt recovery sector in more detail.

Our goal is to assist credit managers and professionals in the credit industry by providing valuable insights into the changing economic and financial landscape.

By staying informed about evolving patterns, you can effectively manage credit risks and identify opportunities to position your business for success. Understanding developments in trade credit and debt recovery will enable you to create strategies for risk mitigation and capitalise on growth prospects in a fluctuating market. This knowledge is vital for

As the changes to the Unfair Contract Terms Regime have now come into effect, many of our clients have been seeking clarification on what this means for their businesses.

With the new legislation in place, it’s important for companies to fully understand their obligations and ensure they are compliant.

Over the last few months, we have received a range of questions regarding the Unfair Contract Terms Regime, from what constitutes an unfair term to how to draft contracts that align with the new regulations.

In the video below, Special Counsel Robert Shepley has provided answers to some of the most

Our primary goal is to achieve better commercial outcomes for our clients.

With that in mind, we’re proud to announce the appointment of Special Counsel Robert Shepley who has joined Results to head up our new commercial division.

Results Legal has been a specialist in commercial dispute resolution, focusing on areas such as debt recovery, insolvency, and commercial litigation since its inception.

Our goal is to proactively assist clients in achieving the best possible commercial results. Managing Director Karl Hill said of the appointment, “We believe that early involvement in a transaction is crucial for avoiding disputes and ensuring cost-effective

The current market is challenging and the effects on businesses from COVID are still playing out.

In a recent video, Managing Director Karl Hill provides valuable insights into the market conditions that our clients are experiencing, sharing not only an overview of trends we are seeing in our areas of specialisation, industry trends and recent regulatory changes, but also touching on some of the key matters we are working on.

Topics covered in this video include:

• Banking & Finance
• Shareholder & Partnership Disputes
• Insolvency & Restructuring
• Trade Credit & Debt Recovery
• Changes to the Unfair Contract Terms Regime