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Consumer Law:

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The fabric of consumer law and competition law is made up of a complex web of legislative instruments and case law.

Our Consumer Lawyers are well versed and experienced in providing strategic consumer and marketing compliance advice to businesses. The experiences gained from acting in complex consumer disputes have allowed our Consumer Lawyers the insight required to provide quality and comprehensive preventative legal assistance.

The Australian Consumer Law (ACL)

On 1 January 2011 the Trade Practices Act 1974 (Cth) was renamed the Competition and Consumer Act 2010 (Cth) and a single national consumer law, called the Australian Consumer Law (ACL), was established. The ACL, which is set out in Schedule 2 of the Competition and Consumer Act 2010, restates the former consumer protection provisions of the Trade Practices Act 1974 (Cth).

Conduct prohibited by the ACL

Some types of conduct that give rise to remedies under the ACL include:-

  1. Unconscionable conduct which is, amongst other things, an abuse of superior bargaining power in dealings;
  2. Unfair contract terms in standard form contracts;
  3. Misleading or deceptive conduct;
  4. False representations; and
  5. Other unfair practices such as pyramid selling.

In addition to protecting consumers from unscrupulous conduct, the ACL also contains product safety and product liability provisions as well as regulation of certain sales methods such as unsolicited consumer agreements and lay-by sales.

Remedies available under the ACL

Enforcement action and remedies under the ACL are broad and differ depending on which section of the ACL has been breached. An injunction is one example of a type of remedy available to consumers. Injunctive orders, if granted, will require a party to refrain from certain conduct. Damages and compensation orders can also be obtained under the ACL.

In addition to legislative remedies prescribed by the Australian Consumer Law, consumers may also have access to common law remedies, dependant on the type of breach and loss incurred.

Preventative measures are key for business operators

For business operators, taking positive action to prevent misleading and deceptive conduct, false misrepresentations or unfair conduct will save money and stress in the long run. Failure to know the rules can expose a business to heavy civil or criminal penalties and negative publicity. Our experienced Consumer Lawyers focus on preventative measures rather than remedial proceedings.

Consumers wanting to make a claim

The Australian Consumer Law or ACL states that a “consumer” is a person who acquires goods or services of less than $100,000.00 [up from $ 40,000 from 1 July 2021] for personal, domestic or household use (or they acquire a commercial vehicle) and the goods were not intended for resupply, or for transformation in trade or commerce.

Once you meet the definition of a consumer, you gain access to a host of rights and remedies under the Australian Consumer Law or ACL. Some of these rights and remedies are available to certain businesses and companies too, but generally they are designed to protect individuals from unscrupulous conduct in trade or commerce by other individuals, businesses and companies.

For more information, or to speak to a Consumer Solicitor, contact our firm on (02) 9233 4048.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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