Trade Practice Law & Lawyers

On 1 January 2011 the Australian Consumer Law (ACL) commenced.

The ACL covers:

• a new, national unfair contract terms law covering standard form contracts;
• a new, national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties;
• a new, national product safety law and enforcement system;
• a new, national law for unsolicited consumer agreements, which replaces existing
• State and Territory laws on door-to-door sales and other direct marketing;
• simple national rules for lay-by agreements; and
• new penalties, enforcement powers and consumer redress options, which currently apply nationally.

If you believe you have a legal matter that involves trade practices law, please complete your free legal enquiry form on the right, or click here.

The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws will continue to apply.

The ACL is a cooperative reform of the Australian Government and the States and Territories, through the Ministerial Council on Consumer Affairs (MCCA).

The Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 which is the new name of the Trade Practices Act 1974 (TPA).

The ACL includes:

Chapter 1 – Introduction: a single set of definitions and interpretive provisions about consumer law concepts.

Chapter 2 – General protections: general protections, which create standards of business conduct in the market, including:

• a general ban on misleading and deceptive conduct in trade or commerce;
• a general ban on unconscionable conduct in trade or commerce and specific bans on -unconscionable conduct in consumer and some business transactions; and
• a provision that makes unfair contract terms in consumer contracts void.

If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.

Chapter 3 – Specific protections: specific protections which address identified forms of business conduct, including provisions:

• banning specific unfair practices in trade or commerce;
• dealing with consumer transactions for goods or services;
• on the safety of consumer goods and product related services;
• on the making and enforcement of information standards; and
• on the liability of manufacturers for goods with safety defects.

Chapter 4 – Offences: criminal offences relating to certain matters covered in Chapter 3.

Chapter 5 – Enforcement and remedies: national enforcement powers and remedies relating to consumer law.

As referred to above, the ACL is administered and enforced jointly by the ACCC and the State and Territory consumer protection agencies, with the involvement of ASIC on relevant matters.

The consumer protection law that is currently in force is designed to protect you when you enter into a contract to buy any goods or services from a supplier. Consumer protection law is also there to help you fight any scams that some criminals use such as selling counterfeit goods online. It is important to be aware of your basic rights when buying any goods or services either from a physical shop, or via the Internet.

If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.

If you feel that your rights have been compromised, consumer protection law gives you the right to complain to the company that sold you the goods or services you bought. In some instances, using a trade practices lawyer to make the complaint on your behalf can be more effective than making the complaint yourself.

A consumer protection law lawyer will be able to advise you about your particular case.

After you have made your initial complaint you should receive a response from the business that sold you the goods or services you purchased. If their response is not satisfactory, you can take your case to a court for a judgement.

If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.

The court will look at all the elements of the case and decide on a course of action. If you intend to take your case to court, the services of a lawyer are absolutely essential. Try and contact a qualified lawyer as early in your case as you can. This will give your case the maximum chance of a successful outcome.

If you would like to obtain legal representation in relation to a consumer protection law matter, complete your free legal enquiry form on the right, or click here.

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