How are you protected? Consumer protection in Australia

What is the law here in Australia?

The Australian Consumer Law is coordinated by the Competition and Consumer Act 2010. This legislation provides fair trading protection in each state and territory. The Australian Consumer Law is enforced by the Australian Competition and Consumer Commission (‘ACCC’) and the State and Territory consumer protection agencies.

Misleading or Deceptive Conduct

A highly important aspect of the legislation for consumers is that a person or business must not, in trade or commerce, engage in conduct that is misleading or deceptive, or likely to mislead or deceive. Misleading or deceptive conduct may occur in these situations:

1. Silence and Failure to Disclose
2. Unfulfilled Contractual Promise
3. Future Representations and Opinions

Unfair Contract Terms

A contract may be void if its terms are unfair and it is a standard form consumer contract. Parties of the contract or the ACCC can apply to the Courts for a declaration that the term is unfair. The Courts may consider a contract to be unfair in circumstances where there is an imbalance towards one of the parties.

Breach of the Competition and Consumer Act usually entitles the successful party to an award for damages. However, depending on the circumstances a broader range of remedies may also be available.

If you have further questions, please contact us at frank@franklaw.com.au.

This is not legal advice.