Incorporation of terms: Passengers and family members of people who became ill while aboard the cruise ship the Ruby Princess are bringing a class action claiming damages on the basis of negligence and breach of the Australian Consumer Law. In Karpik v Carnival PLC (The Ruby Princess) (Stay Application) [2021] FCA 1082, Justice Stewart in the Federal Court refused to stay (or stop) the proceedings of US and UK passengers seeking to participate in a class action against it. The reason was that the relevant clauses on which the Ruby Princess sought to rely in disputing the rights of those passengers to bring the action were not incorporated into the contracts for the carriage of those passengers. Discuss the finding on the incorporation of terms and its implications for commercial practice. What did Stewart J say about whether the clause was an unfair term?