{"id":"nsw:act-1980-016","name":"Contracts Review Act 1980","slug":"contracts-review-act-1980","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"16 of 1980","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":108140,"registerId":"nsw-act-1980-016-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Contracts Review Act 1980](/view/html/inforce/current/act-1980-016).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This section and section 1 shall commence on the date of assent to this Act.\n> \n> > (2) Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":null,"content":"#### 3\n\n3 (Repealed)","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—\n> > \n> > Court means—\n> > \n> > > (a) the Supreme Court of New South Wales, or\n> > \n> > > (b) in accordance with section 134B of the [District Court Act 1973](/view/html/inforce/current/act-1973-009), and without affecting the jurisdictional limitations referred to in that section, the District Court of New South Wales, or\n> > \n> > > (c) in accordance with section 32 of the [Local Court Act 2007](/view/html/inforce/current/act-2007-093), and without affecting the jurisdictional limitations referred to in that section, the Local Court, or\n> > \n> > > (d) in accordance with section 89D of the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), and without affecting the jurisdictional limitations referred to in that section, the Tribunal, or\n> > \n> > > (e) in accordance with section 123 of the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081), and without affecting the jurisdictional limitations referred to in that section, the Tribunal.\n> > \n> > land instrument means an instrument that transfers title to land, creates an estate or interest in land or is a dealing within the meaning of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> > \n> > Tribunal means the Civil and Administrative Tribunal.\n> > \n> > unjust includes unconscionable, harsh or oppressive, and injustice shall be construed in a corresponding manner.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) A reference in this Act to a corporation does not include a reference to—\n> > \n> > > (a) an owners corporation constituted under the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050), or\n> > \n> > > (a1) a community association, precinct association or neighbourhood association under the [Community Land Management Act 2021](/view/html/inforce/current/act-2021-007), or\n> > \n> > > (b) a corporation owning an interest in land and having a memorandum or articles of association conferring on owners of shares in the corporation the right to occupy certain parts of a building erected on that land,\n> > \n> > all or the majority of which lots or parts, as the case may be, are intended to be occupied as dwellings.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 1986 No 220, Sch 1; 1993 No 80, Sch 3; 1996 No 122, Sch 7.1; 1996 No 139, Sch 2.7; 1999 No 31, Sch 1.10 \\[1\\] \\[2\\]; 1999 No 81, Sch 3.1; 2001 No 82, Sch 7.4 \\[1\\] \\[2\\]; 2005 No 28, Sch 5.8; 2007 No 94, Sch 1.18; 2010 No 51, Sch 2 \\[1\\]; 2013 No 95, Sch 4.9; 2014 No 33, Sch 1.5 \\[1\\]; 2015 No 50, Sch 4.7; 2021 No 7, Sch 4.4.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"#### 5 Act binds Crown\n\n5 Act binds Crown\n\n> This Act binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Certain restrictions on grant of relief","content":"#### 6 Certain restrictions on grant of relief\n\n6 Certain restrictions on grant of relief\n\n> > (1) The Crown, a public or local authority or a corporation may not be granted relief under this Act.\n> \n> > (2) A person may not be granted relief under this Act in relation to a contract so far as the contract was entered into in the course of or for the purpose of a trade, business or profession carried on by the person or proposed to be carried on by the person, other than a farming undertaking (including, but not limited to, an agricultural, pastoral, horticultural, orcharding or viticultural undertaking) carried on by the person or proposed to be carried on by the person wholly or principally in New South Wales.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Relief in respect of unjust contracts","content":"# Part 2 Relief in respect of unjust contracts\n\nPart 2 Relief in respect of unjust contracts","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Principal relief","content":"#### 7 Principal relief\n\n7 Principal relief\n\n> > (1) Where the Court finds a contract or a provision of a contract to have been unjust in the circumstances relating to the contract at the time it was made, the Court may, if it considers it just to do so, and for the purpose of avoiding as far as practicable an unjust consequence or result, do any one or more of the following—\n> > \n> > > (a) it may decide to refuse to enforce any or all of the provisions of the contract,\n> > \n> > > (b) it may make an order declaring the contract void, in whole or in part,\n> > \n> > > (c) it may make an order varying, in whole or in part, any provision of the contract,\n> > \n> > > (d) it may, in relation to a land instrument, make an order for or with respect to requiring the execution of an instrument that—\n> > > \n> > > > (i) varies, or has the effect of varying, the provisions of the land instrument, or\n> > > \n> > > > (ii) terminates or otherwise affects, or has the effect of terminating or otherwise affecting, the operation or effect of the land instrument.\n> \n> > (2) Where the Court makes an order under subsection (1) (b) or (c), the declaration or variation shall have effect as from the time when the contract was made or (as to the whole or any part or parts of the contract) from some other time or times as specified in the order.\n> \n> > (3) The operation of this section is subject to the provisions of section 19.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Ancillary relief","content":"#### 8 Ancillary relief\n\n8 Ancillary relief\n\n> Schedule 1 has effect with respect to the ancillary relief that may be granted by the Court in relation to an application for relief under this Act.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Matters to be considered by Court","content":"#### 9 Matters to be considered by Court\n\n9 Matters to be considered by Court\n\n> > (1) In determining whether a contract or a provision of a contract is unjust in the circumstances relating to the contract at the time it was made, the Court shall have regard to the public interest and to all the circumstances of the case, including such consequences or results as those arising in the event of—\n> > \n> > > (a) compliance with any or all of the provisions of the contract, or\n> > \n> > > (b) non-compliance with, or contravention of, any or all of the provisions of the contract.\n> \n> > (2) Without in any way affecting the generality of subsection (1), the matters to which the Court shall have regard shall, to the extent that they are relevant to the circumstances, include the following—\n> > \n> > > (a) whether or not there was any material inequality in bargaining power between the parties to the contract,\n> > \n> > > (b) whether or not prior to or at the time the contract was made its provisions were the subject of negotiation,\n> > \n> > > (c) whether or not it was reasonably practicable for the party seeking relief under this Act to negotiate for the alteration of or to reject any of the provisions of the contract,\n> > \n> > > (d) whether or not any provisions of the contract impose conditions which are unreasonably difficult to comply with or not reasonably necessary for the protection of the legitimate interests of any party to the contract,\n> > \n> > > (e) whether or not—\n> > > \n> > > > (i) any party to the contract (other than a corporation) was not reasonably able to protect his or her interests, or\n> > > \n> > > > (ii) any person who represented any of the parties to the contract was not reasonably able to protect the interests of any party whom he or she represented,\n> > > \n> > > because of his or her age or the state of his or her physical or mental capacity,\n> > \n> > > (f) the relative economic circumstances, educational background and literacy of—\n> > > \n> > > > (i) the parties to the contract (other than a corporation), and\n> > > \n> > > > (ii) any person who represented any of the parties to the contract,\n> > \n> > > (g) where the contract is wholly or partly in writing, the physical form of the contract, and the intelligibility of the language in which it is expressed,\n> > \n> > > (h) whether or not and when independent legal or other expert advice was obtained by the party seeking relief under this Act,\n> > \n> > > (i) the extent (if any) to which the provisions of the contract and their legal and practical effect were accurately explained by any person to the party seeking relief under this Act, and whether or not that party understood the provisions and their effect,\n> > \n> > > (j) whether any undue influence, unfair pressure or unfair tactics were exerted on or used against the party seeking relief under this Act—\n> > > \n> > > > (i) by any other party to the contract,\n> > > \n> > > > (ii) by any person acting or appearing or purporting to act for or on behalf of any other party to the contract, or\n> > > \n> > > > (iii) by any person to the knowledge (at the time the contract was made) of any other party to the contract or of any person acting or appearing or purporting to act for or on behalf of any other party to the contract,\n> > \n> > > (k) the conduct of the parties to the proceedings in relation to similar contracts or courses of dealing to which any of them has been a party, and\n> > \n> > > (l) the commercial or other setting, purpose and effect of the contract.\n> \n> > (3) For the purposes of subsection (2), a person shall be deemed to have represented a party to a contract if the person represented the party, or assisted the party to a significant degree, in negotiations prior to or at the time the contract was made.\n> \n> > (4) In determining whether a contract or a provision of a contract is unjust, the Court shall not have regard to any injustice arising from circumstances that were not reasonably foreseeable at the time the contract was made.\n> \n> > (5) In determining whether it is just to grant relief in respect of a contract or a provision of a contract that is found to be unjust, the Court may have regard to the conduct of the parties to the proceedings in relation to the performance of the contract since it was made.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"General orders","content":"#### 10 General orders\n\n10 General orders\n\n> Where the Supreme Court is satisfied, on the application of the Minister or the Attorney General, or both, that a person has embarked, or is likely to embark, on a course of conduct leading to the formation of unjust contracts, it may, by order, prescribe or otherwise restrict, the terms upon which that person may enter into contracts of a specified class.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Procedural and other matters","content":"# Part 3 Procedural and other matters\n\nPart 3 Procedural and other matters","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Application for relief","content":"#### 11 Application for relief\n\n11 Application for relief\n\n> > (1) The Court may exercise its powers under this Act in relation to a contract on application made to it in accordance with rules of court, whether in—\n> > \n> > > (a) proceedings commenced under subsection (2) in relation to the contract, or\n> > \n> > > (b) other proceedings arising out of or in relation to the contract.\n> \n> > (2) Proceedings may be commenced in the Court for the purpose of obtaining relief under this Act in relation to a contract.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Interests of non-parties to contract","content":"#### 12 Interests of non-parties to contract\n\n12 Interests of non-parties to contract\n\n> > (1) Where in proceedings for relief under this Act in relation to a contract it appears to the Court that a person who is not a party to the contract has shared in, or is entitled to share in, benefits derived or to be derived from the contract, it may make such orders against or in favour of that person as may be just in the circumstances.\n> \n> > (2) The Court shall not exercise its powers under this Act in relation to a contract unless it is satisfied—\n> > \n> > > (a) that the exercise of those powers would not prejudice the rights of a person who is not a party to the contract, or\n> > \n> > > (b) that, if any such rights would be so prejudiced, it would not be unjust in all the circumstances to exercise those powers,\n> > \n> > but this subsection does not apply in relation to such a person if the Court has given the person an opportunity to appear and be heard in the proceedings.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Intervention","content":"#### 13 Intervention\n\n13 Intervention\n\n> The Minister or the Attorney General, or both, may, at any stage of any proceedings in which relief under this Act is sought, intervene by an Australian legal practitioner or agent, and shall thereupon become a party or parties to the proceedings and have all the rights of a party or parties to those proceedings in the Court, including any right of appeal arising in relation to those proceedings.\n> \n> **s 13:** Am 2005 No 98, Sch 3.12.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Fully executed contracts","content":"#### 14 Fully executed contracts\n\n14 Fully executed contracts\n\n> The Court may grant relief in accordance with this Act in relation to a contract notwithstanding that the contract has been fully executed.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Arrangements","content":"#### 15 Arrangements\n\n15 Arrangements\n\n> In any proceedings in which relief under this Act is sought in relation to a contract, the Court may, if it thinks it proper to do so in the circumstances of the case, and it is of the opinion that the contract forms part of an arrangement consisting of an inter-related combination or series of contracts, have regard to any or all of those contracts and the arrangement constituted by them.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Time for making applications for relief","content":"#### 16 Time for making applications for relief\n\n16 Time for making applications for relief\n\n> An application for relief under this Act in relation to a contract may be made only during any of the following periods—\n> \n> > (a) the period of 2 years after the date on which the contract was made,\n> \n> > (b) the period of 3 months before or 2 years after the time for the exercise or performance of any power or obligation under, or the occurrence of any activity contemplated by, the contract, and\n> \n> > (c) the period of the pendency of maintainable proceedings arising out of or in relation to the contract, being proceedings (including cross-claims, whether in the nature of set-off, cross-action or otherwise) that are pending against the party seeking relief under this Act.","sortOrder":19},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Effect of this Act not limited by agreements etc","content":"#### 17 Effect of this Act not limited by agreements etc\n\n17 Effect of this Act not limited by agreements etc\n\n> > (1) A person is not competent to waive his or her rights under this Act, and any provision of a contract is void to the extent that—\n> > \n> > > (a) it purports to exclude, restrict or modify the application of this Act to the contract, or\n> > \n> > > (b) it would, but for this subsection, have the effect of excluding, restricting or modifying the application of this Act to the contract.\n> \n> > (2) A person is not prevented from seeking relief under this Act by—\n> > \n> > > (a) any acknowledgment, statement or representation, or\n> > \n> > > (b) any affirmation of the contract or any action taken with a view to performing any obligation arising under the contract.\n> \n> > (3) This Act applies to and in relation to a contract only if—\n> > \n> > > (a) the law of the State is the proper law of the contract,\n> > \n> > > (b) the proper law of the contract would, but for a term that it should be the law of some other place or a term to the like effect, be the law of the State, or\n> > \n> > > (c) the proper law of the contract would, but for a term that purports to substitute, or has the effect of substituting, provisions of the law of some other place for all or any of the provisions of this Act, be the law of the State.\n> \n> > (4) This Act does not apply to a contract under which a person agrees to withdraw, or not to prosecute, a claim for relief under this Act if—\n> > \n> > > (a) the contract is a genuine compromise of the claim, and\n> > \n> > > (b) the claim was asserted before the making of the contract.\n> \n> > (5) Without affecting the generality of subsection (1), the Court may exercise its powers under this Act in relation to a contract notwithstanding that the contract itself provides—\n> > \n> > > (a) that disputes or claims arising out of, or in relation to, the contract are to be referred to arbitration, or\n> > \n> > > (b) that legal proceedings arising out of, or in relation to, the contract are justiciable only by the courts of some other place.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Offence","content":"#### 18 Offence\n\n18 Offence\n\n> > (1) Where a person submits a document—\n> > \n> > > (a) that is intended to constitute a written contract,\n> > \n> > > (b) that has been prepared or procured by the person or on the person’s behalf, and\n> > \n> > > (c) that includes a provision that purports to exclude, restrict or modify the application of this Act to the document,\n> > \n> > to another person for signature by that other person, the person submitting the document is guilty of an offence and liable to a penalty not exceeding 20 penalty units.\n> \n> > (2) Proceedings for an offence against subsection (1) shall be disposed of summarily before the Local Court and may be commenced at any time within 2 years after the offence was committed.\n> \n> **s 18:** Am 1993 No 47, Sch 1; 1999 No 31, Sch 4.16; 2001 No 121, Sch 2.60; 2007 No 94, Sch 2.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Orders affecting land","content":"#### 19 Orders affecting land\n\n19 Orders affecting land\n\n> > (1) An order made under section 7 (1) (b) or (c) has no effect in relation to a contract so far as the contract is constituted by a land instrument that is registered under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> > (2) Where an order is made under section 7 (1) (b) or (c) in relation to a contract constituted (in whole or in part) by a land instrument, not being a land instrument registered under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), the regulations made under this Act may make provision for or with respect to prescribing the things that must be done before the order, so far as it relates to the land instrument, takes effect.\n> \n> > (3) The Registrar-General and any other person are hereby authorised to do any things respectively required of them pursuant to subsection (2).","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Stamp duty","content":"#### 20 Stamp duty\n\n20 Stamp duty\n\n> > (1) No duty is payable under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of—\n> > \n> > > (a) an instrument executed pursuant to an order under section 7 (1) (d), or\n> > \n> > > (b) a disposition of property made pursuant to an order under clause 1 of Schedule 1.\n> \n> > (2) Where the Court makes an order under section 7 in relation to a contract, it may order the refund of the whole or any part of the duty paid under the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in respect of the contract or any instrument executed consequent on the execution of the contract, and any amount to be so refunded shall be payable by the Treasurer from money provided by Parliament.\n> \n> **s 20:** Am 2014 No 33, Sch 1.5 \\[2\\].","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Application of Act to certain contracts of service and to existing contracts","content":"#### 21 Application of Act to certain contracts of service and to existing contracts\n\n21 Application of Act to certain contracts of service and to existing contracts\n\n> > (1) This Act does not apply to a contract of service to the extent that it includes provisions that are in conformity with an award that is applicable in the circumstances.\n> \n> > (2) In subsection (1), award means a State industrial instrument, or an award, instrument or agreement (whatever called) that is in effect under a law of the Commonwealth and deals with matters relating to conditions of employment, industrial relations or workplace relations that are similar to matters dealt with in State industrial instruments.\n> \n> > (3) Schedule 2 has effect.\n> \n> **s 21:** Am 1996 No 121, Sch 4.13; 2014 No 33, Sch 1.5 \\[3\\].","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Operation of other laws","content":"#### 22 Operation of other laws\n\n22 Operation of other laws\n\n> Nothing in this Act limits or restricts the operation of any other law providing for relief against unjust contracts or unfair contract terms, but the operation of any other such law in relation to a contract shall not be taken to limit or restrict the application of this Act to the contract.\n> \n> Note—\n> \n> Part 2-3 of the Australian Consumer Law (NSW) makes provision in relation to unfair contract terms.\n> \n> **s 22:** Am 2010 No 51, Sch 2 \\[2\\] \\[3\\]; 2010 No 107, Sch 3.5.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Regulations","content":"#### 23 Regulations\n\n23 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A provision of a regulation may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > or may do any combination of those things.","sortOrder":27},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Ancillary relief","content":"# Schedule 1 Ancillary relief\n\nSchedule 1 Ancillary relief\n\n(Section 8)","sortOrder":28},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Existing contracts","content":"# Schedule 2 Existing contracts\n\nSchedule 2 Existing contracts\n\n(Section 21 (3))","sortOrder":33}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1980 intent of providing equitable relief primarily in the Supreme Court for consumer and small-farmer contracts. Successive amendments have significantly broadened procedural scope by extending jurisdiction to the District Court, Local Court, NCAT and the Tribunal under the Home Building and Retirement Villages Acts, incorporated interaction with the Australian Consumer Law unfair-terms regime, refined exclusions for strata and community-title bodies, and added detailed ancillary relief powers and time-limit extensions."},"complexity_factors":["Non-exhaustive list of 12 specific factors in s 9(2) plus overarching public interest test in s 9(1), creating layered conditional analysis","Extensive cross-references to at least 12 other statutes including Real Property Act 1900, Australian Consumer Law (NSW), Civil and Administrative Tribunal Act, and various land and strata management Acts","Tiered jurisdictional definitions of 'Court' in s 4(1) that incorporate monetary and subject-matter limits from five separate Acts","Multiple exceptions, carve-outs and deeming provisions (ss 6, 17, 19, 21 and Sch 2) plus special rules for land instruments and fully executed contracts"],"plain_english_summary":"**The Contracts Review Act 1980 (NSW)** gives courts in New South Wales the power to review contracts and change, cancel, or refuse to enforce them if they are unfair (the Act calls this 'unjust', which covers things that are harsh, oppressive, or unconscionable). It mainly protects individuals who are not acting as businesses — such as consumers, homeowners, or NSW farmers — from deals where one side had far more power, the terms were not explained, or unfair pressure was used.\n\nThe court looks at a long list of factors, including bargaining power, whether legal advice was obtained, the person's age or education, and the overall fairness. If the contract is unjust, the court can rewrite terms, order refunds, or make other practical orders. It does **not** protect big companies or people signing contracts for their normal business activities (except farming). The law also stops people from writing 'this Act does not apply' into contracts and sets time limits for asking for help.\n\nIt matters because it acts as a safety net against exploitative agreements, encouraging fairer business practices while balancing the need for contracts to be reliable."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The text of the Act as presented records a series of amendments to definitions and provisions (see amendment notes attached to s 4, s 13, s 18, s 20, s 21, s 22). Those amendments indicate that the statutory scope has been altered since original enactment. Observable scope changes in the current text include expanded or clarified definitions of which courts may exercise jurisdiction (s 4), adjustment of intervention or procedural provisions (s 13), changes affecting stamp duty treatment (s 20), and express interaction with other unfair-contracts regimes (s 22). Schedule 2 preserves transitional rules for contracts made before the Schedule’s commencement and limits retrospective effect to post-variation injustices (Schedule 2)."},"complexity_factors":["Broad judicial discretion to grant varied remedies (s 7; Schedule 1) — outcome depends on case-specific factual assessments.","Open-ended substantive standard: term or contract found to be 'unjust' with statutory examples but significant factual inquiry required (s 9).","Multiple procedural constraints and timing windows for applications (s 16) that affect when relief is available.","Exclusions and carve-outs that narrow scope (Crown, public/local authorities, corporations, trade/business contracts except farming) (s 6) — requires fact-based classification.","Interaction with property registration rules: orders affecting registered land instruments are limited (s 19) and regulations can add procedural steps (s 19(2)).","Overlap with other laws and potential concurrent remedies (s 22) — courts must navigate other statutory regimes.","Criminal sanction for drafting exclusion clauses (s 18) adds compliance risk and potential prosecutorial discretion.","Multiple institutions named as 'Court' (s 4) and ability for Minister/Attorney General to intervene or seek general orders (s 10, s 13) add layers of governmental involvement.","Regulatory power vested in the Governor to prescribe implementation details (s 23) increases administrative complexity.","Transitional arrangements for existing contracts and variations (Schedule 2) require temporal analysis of when the Act applies."],"plain_english_summary":"What this law does\n\n- The Act gives specified courts power to change, refuse to enforce, or cancel contracts (or parts of contracts) that the court finds were \"unjust\" when made (see s 7). The court can also order practical remedies related to those contracts, such as payments, transfers of property, repair or supply of goods, creation or enforcement of charges, and appointment of receivers (Schedule 1; s 8).\n\nWho it affects\n\n- Parties to private contracts governed by the law of New South Wales (s 17(3)).\n- The Crown, public or local authorities and corporations are expressly excluded from relief (s 6(1)). Individuals and non-excluded businesses can seek relief, but relief is not available for contracts entered into in the course of trade, business or profession (except farming undertakings carried on principally in NSW) (s 6(2)).\n- People who prepare contract documents that attempt to exclude the Act face a criminal penalty (s 18).\n\nWho decides and how decisions work mechanically\n\n- \"Court\" is defined to include the Supreme Court, and in certain circumstances the District Court, the Local Court, and specified tribunals (s 4). These courts examine the circumstances existing when the contract was made and decide whether the contract or a provision was unjust (s 7 and s 9).\n- The Court exercises broad discretion: it may refuse enforcement, declare parts void, vary terms, or (for land instruments) require execution of documents that change or terminate the instrument (s 7(1)). The Court must have regard to the public interest and an extensive list of factual factors (s 9), including bargaining power, negotiation history, whether terms were explained or intelligible, whether independent advice was obtained, and whether undue influence or unfair tactics were used (s 9(1)–(2)).\n- The Minister or Attorney General can intervene in any proceedings and become a party (s 13). On application by the Minister or Attorney General, the Supreme Court may make a general order prescribing or restricting contract terms for a specified person or class of contracts if the Court is satisfied a person has embarked or will embark on a course of conduct leading to formation of unjust contracts (s 10).\n\nWhat people must do differently (behavioural and compliance effects)\n\n- Parties cannot contract out of the Act; any contract term that purports to exclude or limit the Act is void to that extent, and persons cannot waive their rights under the Act (s 17(1)). That changes what drafters can lawfully include in standard-form documents.\n- A person who submits for signature a document prepared by them that includes a clause purporting to exclude or modify the Act commits an offence and may be fined (s 18).\n- Those entering contracts face the prospect that courts can retrospectively vary or void provisions (s 7(2)), subject to limits (e.g. registered land instruments—see s 19(1)). This creates an enforcement risk contractors and lenders may need to manage.\n\nLimits, timing and interactions with other laws\n\n- Applications for relief must be made within specified time windows: generally within 2 years after the contract was made, or in relation to certain rights or obligations within 3 months before or 2 years after the time for their exercise or performance, or during maintainable proceedings (s 16).\n- The Court will not consider injustices that were not reasonably foreseeable when the contract was made (s 9(4)). The Court may also consider conduct after formation when deciding whether relief is just (s 9(5)).\n- Orders affecting land instruments registered under the Real Property Act 1900 have no effect (s 19(1)); different rules apply for unregistered land instruments and the regulations can prescribe steps before an order takes effect (s 19(2)).\n- The Act does not prevent relief under other laws (e.g. unfair contract terms under the Australian Consumer Law), and operation of other laws does not limit the Act’s application (s 22).\n- The Court may order refunds of stamp duty where an order under this Act affects a contract or related instrument; refunded amounts are payable by the Treasurer from Parliament-provided funds (s 20(2)).\n\nCosts, incentives and trade-offs (mechanical effects)\n\n- Who pays: the immediate financial consequences can be allocated by court orders (Schedule 1). If the Court orders a refund of duty, the Treasurer must pay it from Parliament-provided funds (s 20(2)). A person who puts an unlawful exclusion clause into a contract faces a monetary penalty (s 18(1)).\n- Incentives created: drafters of contracts are deterred from including exclusion clauses (s 17(1); s 18). Parties may invest more in negotiating and documenting consent, legal advice, and clear explanation of terms because the Court will look at negotiation and explanation (s 9(2)(b),(i),(h)).\n- Compliance burden and discretion: the Court has wide remedial discretion (s 7; Schedule 1) and may consider many contextual factors (s 9). The Governor may make regulations to implement the Act (s 23), and the Court’s orders can trigger obligations on registrars or other officials with respect to land instruments (s 19(3)). Those are points where administrative rules and court discretion affect implementation.\n\nTransitional rule on existing contracts\n\n- Contracts made before the commencement of the Schedule are generally excluded, but if such a contract is varied after commencement the Act then applies to the contract only from the date of variation and the Court may consider only injustices attributable to the variation (Schedule 2).\n\nWhy it matters (official purpose and practical effect)\n\n- The Act is designed to give courts power to prevent or remedy contractual outcomes that are unjust when made (s 7; s 9). Mechanically, it does this by (a) providing broad remedial powers to courts, (b) imposing limits on parties’ ability to contract out, (c) creating a small criminal enforcement measure against drafting exclusion clauses, and (d) setting time and jurisdictional limits on applications. The practical effects include changed drafting practices, increased attention to negotiation and explanation of terms, and potential legal risk (including retrospective variation) for terms found unjust by a court.\n\nKey sections cited: s 4 (definitions and which courts are covered), s 6 (exclusions), s 7 (principal relief), s 8 (ancillary relief via Schedule 1), s 9 (matters the Court must consider), s 10 (general orders), s 13 (intervention by Minister/Attorney General), s 16 (time limits), s 17 (no contracting out), s 18 (offence), s 19 (orders affecting land), s 20 (stamp duty), s 22 (operation of other laws), s 23 (regulations), Schedule 1 (ancillary relief), Schedule 2 (existing contracts)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Based on the metadata available, the Act has been amended at least 12 times since its original enactment in 1980. While the core purpose — allowing courts to review and remedy unjust contracts — appears consistent with the original intent, the repeated amendments suggest the scope and application have been refined over time, likely expanding or clarifying which contracts and parties are covered, and how remedies are applied. Without the full text of each amendment, precise scope changes cannot be enumerated, but the longevity and frequency of updates indicate the law has evolved beyond its original formulation."},"complexity_factors":["The Act uses discretionary legal standards ('unjust', 'unconscionable') that are inherently subjective and require case-by-case judicial interpretation","Multiple factors must be weighed by a court simultaneously — there is no simple checklist, making outcomes hard to predict","The legislation has overlapping interaction with federal consumer protection laws (such as the Australian Consumer Law), creating potential confusion about which law applies","Determining which contracts are excluded from the Act's protection requires legal analysis of the specific circumstances","The Act has been amended multiple times over four decades, meaning its application has evolved and older case law may not fully reflect current interpretation","Remedies available to courts are broad and flexible (void, vary, or refuse to enforce), which adds uncertainty for parties to a contract","Only available in NSW — people may not realise it doesn't apply nationally"],"plain_english_summary":"## Contracts Review Act 1980 (NSW)\n\n**What is this?**\nThis is a NSW law that gives courts the power to review contracts (legally binding agreements) that are considered **unjust** — meaning unfair or one-sided — and to modify or void (cancel) them.\n\n**Who does it affect?**\nPrimarily individuals and small businesses in NSW who have entered into contracts where one party had significantly more bargaining power than the other — for example, a homeowner signing a standard-form loan agreement with a major bank, or someone pressured into signing a contract they didn't fully understand.\n\n**What does it actually do?**\n- Allows a court to refuse to enforce an unfair contract, or to change its terms to make it fairer\n- Lists factors a court must consider when deciding if a contract is unjust, such as: whether the person understood what they were signing, whether they had the chance to negotiate, and whether the contract was explained to them\n- Does **not** apply to contracts made purely between businesses (commercial parties) in many circumstances\n- The Minister responsible is the Minister for Better Regulation and Fair Trading\n\n**Why does it matter?**\nThis law is a significant consumer protection tool in NSW. It means that just because you signed a contract doesn't automatically mean you're stuck with it forever — if the contract was fundamentally unfair when you signed it, a court can step in and help. It's particularly relevant in areas like **home loans, credit agreements, and consumer contracts**.\n\n**Note:** This is a NSW-specific law. It has been in force since 1980 and has been updated multiple times, most recently in December 2021."}},"importantCases":[],"_links":{"self":"/api/acts/contracts-review-act-1980","history":"/api/acts/contracts-review-act-1980/history","analysis":"/api/acts/contracts-review-act-1980/analysis","conflicts":"/api/acts/contracts-review-act-1980/conflicts","importantCases":"/api/acts/contracts-review-act-1980/important-cases","documents":"/api/acts/contracts-review-act-1980/documents"}}