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 [2006] 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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ID Code: 18917
Item Type: Journal Article
Refereed: Yes
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
ISSN: 0310-1053
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 05:41
Last Modified: 29 Feb 2012 13:23

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