Competition and Consumer Law

Consumers

The Competition and Consumer Act 2010 came into effect on 1 January 2011 and codifies the previous State and Commonwealth consumer protection laws into a single set of national rules known as the Australian Consumer Law (ACL).

The ACL protects consumers after 1 January 2011. The former Trade Practices Act 1974 continues to apply to goods and services purchased prior to 1 January 2011.

The ACL contains twelve consumer guarantees that apply to all goods and services purchased by consumers. A consumer is defined broadly to include either a business or an individual, provided certain requirements are met. If you buy something that isn’t right, you have consumer rights. These rights include your rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service.

If you are a consumer, it is essential that you are aware of your rights and the remedies available to you when you are not satisfied with goods or services you receive from suppliers. Trumble Szanto Lawyers have extensive experience in advising and acting for consumers in regards to the following:

  • Consumer guarantees for goods and services
  • Misleading and deceptive conduct
  • Unconscionable conduct
  • Unfair contracts
  • Product safety and liability
  • Bringing court proceedings in relation to anti-competitive trade practices and breaches of consumer law

The consumer guarantees are not only applicable to consumers but may also provide suppliers with rights against manufacturers, including the right to recover costs where a supplier is liable to provide a remedy to a consumer as a result of a guarantee failure.

Businesses

The Competition and Consumer Act 2010 affects the operation of most businesses. If your business sells products or services then you have complex and onerous obligations under the ACL that you need to be aware of when making business deals with your customers, competitors and suppliers. Failure to know the rules can expose a company to multi-million dollar fines imposed by the competition regulator and adverse publicity. Our lawyers can help businesses navigate the provisions of the Competition and Consumer Act and assist business owners in understanding their rights and responsibilities, and avoid potential litigation and ACCC enforcement action.

We can assist businesses with:

  • Competition and Consumer Act compliance
  • Compliance with the Franchise Code of Conduct
  • Misleading or deceptive conduct claims
  • Unconscionable conduct claims
  • Advertising and marketing
  • Anti-competitive agreements

We also represent businesses in civil litigation against their customers, consumers, competitors or suppliers including defending claims of anti-competitive conduct.

Additionally, we understand that a business’ reputation is vital and if a competitor is trying to damage yours, Trumble Szanto Lawyers can assist. Our lawyers can help you hold your competitors accountable for misleading or deceiving your customers or potential customers and can assist you to take legal action if any conduct from another individual or entity hurts or affects you and your business.

Whether you are a consumer and you need advice in determining your rights or you are a business and you would like to know more about your rights and responsibilities, our firm can assist you in understanding the application of the consumer law regimes and provide you with cost-effective commercial advice tailored to your situation.