Trade Practices

The Australian Consumer Law (“ACL”) is a single, national law governing consumer protection and fair trading, which was enacted by the States, Territories and the Commonwealth through the Competition and Consumer Act 2010 (“CCA”). It commenced operation on 1 January 2011 and replaced a range of State, Territory and Commonwealth consumer legislation, including the Fair Trading Act (WA) and the Trade Practices Act 1974 (Cth). The Australian Securities and Investments Commission Act 2001 (Cth) contains related provisions with respect to financial products.

The ACL is administered by the Australian Competition and Consumer Commission (“ACCC”) and its State counterparts.

The ACL contains provisions relating to (among other things):

  • prohibition of misleading and deceptive conduct and making false statements in trade or commerce;
  • prohibition of unconscionable conduct in trade or commerce, including specific bans onunconscionable conduct in consumer and some business transactions;
  • prohibition of unfair contract terms in pro forma consumer contracts;
  • prohibition of some specific unfair practices in trade or commerce; and
  • dealing with safety of products, product recalls and manufacturers’ liabilities

The ACL is commonly relied upon for protection in consumer transactions particularly in relation to losses suffered as a result of misleading and deceptive conduct or false statements.

Rowe Bristol Lawyers has extensive experience in advising clients with respect to the ACL, including:

  • providing advice to clients as to their rights and responsibilities under the ACL;
  • liaising with individuals and companies to resolve disputes without recourse to legal proceedings;
  • drafting and lodging complaints to the ACCC or its State counterparts in relation to a breach of the ACL;
  • representing clients in proceedings claiming damages by reason of misleading and deceptive conduct or making false statements; and
  • representing clients in challenging provisions of contracts containing unfair terms as defined by the ACL.

If you require legal advice in relation to Australian Consumer Law, please do not hesitate to contact us to arrange a meeting so that we may consider your specific circumstances.

The above information is provided as general information only and should not be relied upon as legal advice. The accuracy of this information may have changed from the date when it was published.