NSW Australian Law on Liability of Websites?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

RAStheCAT

Member
6 September 2016
2
0
1
Wondering what Australia's stance is for liability of websites that provide interactive service for people to find flatmates? Is there any existing Australian law that protects the website host from liability should damage to person or property occur due to behaviour of third-party users of the site?

The website administrator needs to approve all listings of property displayed before the listing goes live.
 
S

Sophea

Guest
The website should have a terms of use document on it which includes a liability and indemnity clause which disclaims any liability for acts of third parties or any damage that arises in connection with use of the site and perhaps visible statements on the website (not just in the terms of use) which state that the website makes no guarantees as to the suitability of flatmates.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
ie: Everyone signing up needs to agree to the clause and it should be prominent on the site before and after they sign up.

AirBNB gets around the problem by signing people up to liability insurance and building that into their scale of fees.
 

RAStheCAT

Member
6 September 2016
2
0
1
The website should have a terms of use document on it which includes a liability and indemnity clause which disclaims any liability for acts of third parties or any damage that arises in connection with use of the site and perhaps visible statements on the website (not just in the terms of use) which state that the website makes no guarantees as to the suitability of flatmates.
Thank you