Federal Court Rules on Fujifilm Australia’s Unfair Contract Terms
This article aims to briefly examine the Federal Court’s ruling in relation to the unfair contract terms concerning Fujifilm Business Innovation Australia Pty Ltd. Who commenced the action? The Australian Competition and Consumer Commission (ACCC) commenced an action against Fujifilm Business Innovation Australia Pty Ltd (Fuji) alleging that between November 2016 and December 2021, Fuji used 21 identifiable template contract forms as a basis for entering into contracts with consumers. The court documents showed that some 34,000 contracts were entered into or renewed using the template contracts. What was wrong with the contracts? In summary, the contracts, among other things, “allowed Fuji to Unilaterally vary either the price charged to the customers and/or the rights and obligations between Fuji and the customer” ; it incorporated additional contractual terms by reference to one or more extraneous documents, which documents are difficult for the cu...