U

A Latin term which means to act outside of one's power. An Ultra Vires act is one where the person (including an institution, public body or corporation) committing the act does not have the legal power or authority to do so. An Ultra Vires act is invalid.

A deed between multiple parties on a matter or project regulating their respective rights, obligations and interface.

Where an omission or inconsistency in a Contract or deed means a court cannot identify the scope of the rights and obligations agreed by the parties.

The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules 1976 provide a comprehensive set of procedural rules which parties may agree apply to the conduct of arbitral proceedings arising out of their commercial relationship. The rules are widely used in ad hoc arbitrations as well as administered arbitrations. The rules cover all aspects of the arbitral process, providing a model arbitration clause and setting out procedural rules.

See Performance Bond

Conduct in which a person takes unconscientious advantage of another person who is unable to protect their own interests by reason of a special disadvantage in their dealings with the first person. The Australian Consumer Law prohibits persons in trade or commerce in connection with the supply or acquisition of goods or services, from engaging in conduct that is unconscionable.  In determining whether conduct is unconscionable, a court may consider a number of factors, including the relative strengths of the parties bargaining positions and whether, as a result of conduct engaged in by the supplier, the customer was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the supplier.

At any time in respect of any facility for credit, the facility limit or sub-facility limit (as the case may be) less the amount already borrowed or drawn down under that facility or sub-facility.

Legislation to enact the draft uniform arbitration legislation relating to domestic commercial arbitration, which adopts the 2006 revision of the UNCITRAL Model Law on International Commercial Arbitration. As at June 2014, the Uniform Arbitration Acts are in force in New South Wales, Victoria, South Australia, the Northern Territory, Tasmania, Queensland and Western Australia. The ACT is yet to introduce a Bill into parliament.

Civil litigation is conducted differently in all states and territories. However, in Queensland and New South Wales, the UCPR provide a set of rules which are uniform across all types of courts in those states. In New South Wales, see the Uniform Civil Procedure Rules 2005 (NSW). In Queensland, see the Uniform Civil Procedure Rules 1999 (Qld).  The regulations are not designed to replace completely the existing civil procedures of individual courts and tribunals, and apply only to specified cases, hearings etc.

When one person is enriched at the expense of another in circumstances that the law sees as unjust.  It can be used as a basis for claiming money for building work where there is no contractual entitlement to be paid.  (See also Quantum Meruit and Restitution).

See Services.