Consumer matters:

Consumer law provides for the regulation of goods and services provided to consumers. It sets out a series of warranties implied into contracts for the purchase of goods and services within Australia. Such warranties include:

1. Goods will correspond with their description or the sample provided;
2. Guarantee that the seller has the legal right to transfer ownership of the good sold;
3. Goods will be of acceptable quality;
4. Goods/services will be fit for their intended purpose or use;
5. Guarantee  services will be supplied within a reasonable time, unless another timeframe has been agreed;
6. Services will be provided with due care and skill.

Consumer law also provides protection against certain conduct/ conditions at the time a consumer enters into a contract for goods or services. Such protections include prohibitions on:

1. Misleading and deceptive conduct- eg making false statements about the quality of the good or service;
2. Unfair contract terms- where the term reflects a significant imbalance in the rights of the parties and provides unnecessary protection of the seller. If the term is relied upon it will be detrimental to the consumer;
3. Unconscionable conduct- where the other party to the contract takes advantage of a particular vulnerability of the consumer (eg language barriers) and this conduct leads to the consumer entering the contract;
4. Unfair practices- eg offering a prize/ rebate  to a consumer with no intention of offering it;
5. Pyramid schemes - where a contract/ arrangement may have the effect of reducing competition.

Disputes by consumers are common and can be referred to NSW Fair Trading or legal proceedings may be brought before the NSW Civil and Administrative Tribunal (subject to certain conditions being satisfied) or a Court. Both jurisdictions provide an opportunity for the parties to partake in alternative dispute resolution such as conciliation, mediation and negotiation. In the Tribunal, conciliation is generally available on the first listing date and it is not uncommon for the Courts to make orders that the parties participate in compulsory mediation. With respect to negotiation, the making of offers to the other party may attract certain cost advantages during the course of legal proceedings, which makes this option attractive for many litigants.

If you wish to speak with one of our Consumer Law Lawyers, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.

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.