Holding Redlich is offering a Fixed Price Legal Risk Audit Review and Report on compliance and risk exposure arising from this significant upcoming legal change.

From 12 November 2016, any terms in new or varied 'standard form' contracts with 'small business' found to be unfair will be void and unenforceable. That could mean:

  • invalid and void contract terms (leaving you exposed)
  • reputational damage if you are the party enforcing "unfair" terms
  • you may have to pay compensation
  • possible penalties
  • stress, cost and time away from growing your business while you deal with disputes or court action.

The new legislation applies to many industries, and in industries like property, finance or construction and infrastructure where standard form contracts are commonly used, it will catch out many businesses.

If you are a big business contracting with small business, or vice versa, you need to be ready for these changes.

Fixed Price Scope of Work

To help you to understand the risk this legislation poses to your business, our standard package Compliance Audit and Report includes the following:

  • one of our specialist lawyers, two days at your office:
    • reviewing template and sample contracts with your customers, subcontractors, consultants and suppliers, to seek to identify potentially unfair contract terms
    • review list of suppliers and make initial assessment of whether they are small businesses
    • reviewing your usual contracting processes, including procurement and tendering, due diligence and your internal approvals processes
    • interview and meet with key stakeholders
  • we will then prepare a detailed written report, identifying where and how the new legislation impacts on your business
  • once you have the report, you can determine what steps you want to take to address the risk identified.

Our standard package Compliance Audit is available for a fixed fee of $9,985 plus GST.

We can customise an alternative scope of work to suit as required.

Based on our report, we can also provide a half day compliance workshop to walk you and your senior management team through the details of our report and discuss with you how to implement some practical steps to protect your business. This workshop will be a separate fixed fee charge of $1500 ex GST.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.