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Australia unfair contract termswaiverextraterritoriality

Karpik v Carnival plc

[2023] HCA 39
JurisdictionAustralia
CourtHigh Court of Australia
Year2023
StatusBinding authority

Key Principle

The unfair contract terms regime of the Australian Consumer Law can apply to a consumer contract for services supplied outside Australia, and a class-action waiver clause that imposes limitations only on passengers without restricting the carrier's options is an unfair (and therefore void) term.

Area of Law

commercial

Related Cases

Australian Securities and Investments Commission v Bekier (Liability Judgment) [2026] FCA 196
Minister for the Environment and Water v GE Grid Australia Pty Ltd [2025] FCA 1609
Taxi Apps Pty Ltd v Uber Technologies Inc & Ors [2025] VSC 514

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