We have experience litigating and resolving many kinds of disputes including consumer law cases.
Contact us for assistance regarding:
- Misleading or deceptive conduct
- Consumer warranty claims
- Unconscionable conduct
- Unfair contract terms
The Australian Consumer Law (ACL) is a national law that applies to consumer transactions across Australia. It sets out the rights and responsibilities of consumers and businesses in relation to the supply of goods and services.
One of the key provisions of the ACL is the prohibition on misleading or deceptive conduct. This means that businesses are not allowed to engage in conduct that is likely to mislead or deceive consumers about the nature, characteristics, suitability, or quantity of a good or service. If a business is found to have engaged in misleading or deceptive conduct, it may be ordered to pay compensation to affected consumers.
Another area of consumer law that is often the subject of disputes is consumer warranties. Under the ACL, businesses are required to provide certain minimum levels of consumer protection in relation to the supply of goods and services. This includes a guarantee that goods are of acceptable quality and that services are performed with due care and skill. If a consumer experiences a problem with a good or service that is covered by a consumer warranty, they may be entitled to a repair, replacement, or refund.
Disputes may also arise in relation to unfair contract terms. The ACL contains provisions that prohibit businesses from including terms in consumer contracts that are unfair. An unfair contract term is one that would cause a significant imbalance in the parties' rights and obligations, and is not reasonably necessary to protect the legitimate interests of the business. If a court finds that a term of a consumer contract is unfair, it may be declared void and unenforceable.
Unconscionable conduct is another area of consumer law that may give rise to disputes. Unconscionable conduct is conduct that is so oppressive or unreasonable that it goes against the conscience of the community. It may involve taking advantage of a consumer's vulnerability, disability, or lack of knowledge or bargaining power. If a business is found to have engaged in unconscionable conduct, it may be ordered to pay compensation to affected consumers.
If you are involved in a consumer law dispute, it is important to seek legal advice as soon as possible. An experienced lawyer can advise you on your rights and options and assist you in resolving the dispute.
If you would like to discuss any aspect of consumer law please contact us.