Document ID: chunk:federal_register_of_legislation:C2010A00044:clause:2_7
Version: federal_register_of_legislation:C2010A00044
Segment Type: clause
Provision Reference: sch 2 cl 7
Character Range: 17281–18496

7  Standard form contracts
 (1) If a party to a proceeding alleges that a contract is a standard form contract, it is presumed to be a standard form contract unless another party to the proceeding proves otherwise.
 (2) In determining whether a contract is a standard form contract, a court may take into account such matters as it thinks relevant, but must take into account the following:
 (a) whether one of the parties has all or most of the bargaining power relating to the transaction;
 (b) whether the contract was prepared by one party before any discussion relating to the transaction occurred between the parties;
 (c) whether another party was, in effect, required either to accept or reject the terms of the contract (other than the terms referred to in section 5(1)) in the form in which they were presented;
 (d) whether another party was given an effective opportunity to negotiate the terms of the contract that were not the terms referred to in section 5(1);
 (e) whether the terms of the contract (other than the terms referred to in section 5(1)) take into account the specific characteristics of another party or the particular transaction;
 (f) any other matter prescribed by the regulations.