Nulli - does that mean my wife doesn't have to give 4 weeks notice and pay for 4 weeks to cancel her gym classes even though she's not in a contract and not attending?
Without thread drifting too much....... are you sure there is no contract in place? If they provide her a service and she pays an agreed fee, you'd have to say there's a contract (offer, acceptance, consideration). If there has been a written contract, the initial term of which may have even expired, the terms would more than likely have been written such that the terms of the contract continue until termination is executed by either party. 4 weeks notice/ payment wouldn't be considered contracting out the Australian Consumer Law and would not be considered an unfair term. Sorry, not attending has no bearing.