Australian Consumer Law

We advise many clients on:

  • claims made in advertising, marketing and packaging materials
  • the rights and remedies of consumers under the consumer guarantees regime
  • how to establish a compliant warranty and returns regime
  • door-to-door sales, telemarketing and other direct sales practices
  • how to conduct a compliant and effective product recall
  • product safety reporting obligations.

We also regularly act for and advise businesses that are:

  • taking action against anti-competitive, unfair or misleading conduct by competitors, contractors or suppliers
  • defending allegations of anti-competitive, unfair or misleading conduct
  • the subject of ACCC investigations and prosecutions.

Credentials

Handling product recalls: We have successfully handled product recalls for manufacturers of marine vessels, air conditioning units, power tools and firearms, including developing strategies for the recalls which have, a number of times, satisfied the ACCC without a requirement for public advertisements.

Vetting advertising materials: We advised a leading multi-national medical device client on the content of their advertising materials in order to ensure compliance with both the ACL and regulations for the marketing of therapeutic goods.

Successfully defending allegations of a breach of the ACL: We successfully defended our client against allegations of both a breach of the 'single price' requirements of the ACL and misleading and deceptive conduct, obtaining a verdict in our client's favour.

Advising in relation to direct marketing risks: Allegations were made against our client of asserting a right to payment for unsolicited goods. Our submissions satisfied the regulator that our client had not breached the ACL. We also assisted our client with a review of its current business practices to reduce the risk of similar issues arising in the future.

Assisting with manufacturer's warranties and returns policies: We assisted a multi-national manufacturer and importer by reviewing and developing their manufacturer’s warranty and returns policies to ensure compliance with the ACL, particularly in relation to the consumer guarantees and warranty against defects provisions. Our advice assisted our client not only to comply with the law but also enhance its relationship with local distributors and the end customers.

Contacts
Partner
T +61 2 8233 9554
 
Recent News and Publications
13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.
11 Apr 2017
The Australian Competition and Consumer Commission (ACCC) has clearly demonstrated that it will not shy away from taking action against foreign-based businesses offering their goods to Australian consumers, if it considers they have contravened Australian laws.
01 Dec 2016
The exploitation of vulnerable workers in Australia has become a hot topic in recent months, attracting a significant amount of mainstream media attention.