"Ajen is an accountant who is down to earth and genuinely interested in their clients prospering."
"As a trusted advisor you guided our business back on course when the outlook was far from positive and we look forward to your continued assistance into the future"
"His attitude towards his work and my portfolio has been exemplary. He always finds time for me at short notice and is a benefit to all."
"Ajen always has a high standard of professional manner. He continued to give me good advice and is a reliable person, helpful in sorting out problems and finding solutions easily."
"Ajendra has made himself available sometimes even after normal business hours, to assist us with any questions we have, even when sometimes they may have seemed silly or simple, he has answered in full and easy to understand terminology, at no point has he ever made me feel silly for asking."
"He is always accessible to speak with and even calls me to ask if I need help with anything."
"Ajendra's willingness to dedicate "caring time" to his clients sets him apart from others."
"I am confident to refer friends and family to his team because I know they are in the most capable hands. Ajendra’s honest, caring and upbeat nature has been an absolute godsend and I am so thankful that our paths crossed"
"Ajendra’s speaks with you in a language that you can understand and comprehend easily which assists in equity and partnership with your tax agent."
"We find you have a personal approach to your accounting practice, which makes everyone feel like number 1. This is a rare and special trait, and leaves us knowing we are in good hands."
"He is very astute, and at the same time down to earth and really interested in his clients prospering. For people like us who are new to small business this is an absolute god sent."
"He shows a genuine interest and I never feel rushed. He has created a warm and friendly environement."

How to Draft a Standard Form Contract

A standard form contract is a pre-written contract used repeatedly for a particular type of transaction.


These contracts are common when one party has more bargaining power than another, such as in consumer or employment contracts. Standard form contracts are sometimes called “take it or leave it” contracts because the party with less bargaining power may not be able to negotiate the contract’s terms.

Considerations When Drafting a Standard Form Contract

There is no legal definition setting out the requirements of a standard form contract. However, where a contract is considered standard form, the unfair contract terms regime will apply if one party to the contract has:

  • 100 or fewer employees; or
  • less than $10 million in annual turnover.

The following drafting considerations may assist in mitigating the risk of a standard form contract being considered unfair. These considerations are designed to protect consumers and ensure that they are not unfairly disadvantaged by the terms of the contract.

The key requirements are as follows.

1. Plain Language

Standard form contracts should be written in plain language that is easy to understand. This means you should avoid using legal jargon or technical terms.

2. Clarity

The contract should avoid using vague or uncertain language that parties can interpret in multiple ways. Ambiguous and uncertain terms are likely to be a source of confusion and conflict in the future.

3. Transparency

The contract should be easily accessible and provided to the consumer in a clear and understandable way.

4. No Unfair Terms

The contract should not contain any unfair or disadvantageous terms unless the term is reasonably necessary to protect the business’s legitimate interests. This includes terms that: 

  • allow one party to vary the terms of the contract unilaterally; 
  • allow one party to avoid liability for negligence; and 
  • limit the consumer’s rights to seek legal redress.

5. Notice of Terms

Ensure you provide the contract to the consumer in a way that allows them to read and understand the contract terms before they agree to them.

What Will a Court Consider When Determining if a Contract is Standard Form

The Australian Competition and Consumer Commission (ACCC) provides that, in determining whether a contract is standard form, a court may take into account any relevant matter. However, at a minimum, they must consider whether:

  • the party that prepared the contract has all or most of the bargaining power in the transaction;
  • the contract was prepared without or before any discussion between the parties about the transaction;
  • the other party could only accept or reject the terms of the contract as presented;
  • the other party was offered any real opportunity to discuss the terms of the contract; and 
  • the terms of the contract consider any specific features of the other party or the transaction.

Why are Standard Form Contracts Used?

Standard form contracts are common when one party has more bargaining power than the other. For example, in consumer transactions, the seller may have more bargaining power than the buyer, and may be able to impose standard terms on the buyer. Similarly, in employment contracts, the employer may have more bargaining power than the employee and may be able to impose standard terms on the employee.

While standard form contracts can be useful in some situations, they can also be problematic if the contract terms are unfair or disadvantageous to the consumer. 

Key Takeaways

A standard form contract is a pre-written contract used repeatedly for a particular type of transaction. The prohibition of unfair contract terms is designed to protect consumers and ensure they are not unfairly disadvantaged by the contract terms. Therefore, if you are providing a standard form contract to your customers, you should carefully review the terms of the contract to ensure it does not contain any unfair terms. 




Jordan Bramis
June 9

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