Statutory severance under Section 4L of the Trade Practices Act 1974 (Cth)
Corones, Stephen G. (2006) Statutory severance under Section 4L of the Trade Practices Act 1974 (Cth). Australian Business Law Review, 34(4), pp. 307-311.
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Section 4L of the Trade Practices Act 1974 (Cth) (TPA) provides:
If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under section 87 or 87A, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision in so far as that provision is severable.
In SST Consulting Services Pty Ltd v Rieson  HCA 31 (15 June 2006) the High Court had to consider the meaning and effect of s 4L and, in particular, whether severance in relation to s 4L is predicated on the separate application of common law rules.
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|Item Type:||Journal Article|
|Additional Information:||For more information, please refer to the journal's website (see hypertext link) or contact the author.|
|Keywords:||Restrictive trade practices, Anti-competitive conduct, Severance|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
|Copyright Owner:||Copyright 2006 Lawbook Company Limited|
|Deposited On:||19 Mar 2009 15:41|
|Last Modified:||29 Feb 2012 23:23|
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