As competition lawyers, we comply with The Australian Consumer Law (ACL) and Competition and Consumer Act 2010, the Federal statutes that regulate competitive behaviour and a range of business-to-consumer and business-to-business transactions.
Australian competition and consumer laws apply nationally in all states and territories and to most Australian businesses.
Rights and responsibilities under the Competition and Consumer Law
Our competition lawyers and solicitors can advise you on your rights and obligations under competition and consumer law, including:
- Unfair contract terms provisions in standard form consumer contracts
- Consumer guarantees including rights to repair, replacement or refund of defective goods
- Anti-competitive conduct and restrictive trade practices
- Misleading, deceptive and unconscionable trade practice
- Product safety
The definition of “consumer” is such that business purchasers may, in some cases, be classified as consumers. Additionally, protection from unfair contract terms now extends to transactions with small businesses.
Some provisions of the ACL apply to all types of transactions. For example, it’s unlawful to for a business to engage in conduct that misleads, deceives or is likely to mislead or deceive in trade or commerce.
Our solicitors are experienced in consumer law. We act for both consumers and businesses wishing to enforce their rights under the competition and consumer law, as well as businesses wishing to minimise their exposure to liability under these laws.
How can our solicitors assist you?
As your competition lawyers, we can:
- Prepare standard contracts that comply with ACL
- Draft contracts tailored for a particular transaction that comply with the ACL
- Advise you on your rights or responsibilities under the ACL
- Advise you on the application of the Competition and Consumer Act to your business dealings
- Act on your behalf in in circumstances where you have received a complaint about your trade practices
- Advise on marketing practices for compliance with the ACL
- Take legal action against a business to enforce your consumer rights
Butlers’ Case Study
Butlers successfully negotiated settlement of full refund for a faulty vehicle. Our client purchased a defective vehicle from an Australian manufacturer. When the client tried to return the vehicle, the manufacturer refused to provide a refund. Our client complained to the NSW Civil & Administrative Tribunal (NCAT) and sought our advice and representation after conciliation. As a result of our intervention a full refund was negotiated.
We provided comprehensive advice to a client regarding their rights and responsibilities to their customers under the Australian Consumer Law when they discovered a supplier had supplied them with defective goods, which they had on-sold to their customers.
We prepared standard form contracts compliant with the Competition and Consumer Act 2010 and Australian Consumer Law for a client in the business of selling and renting storage products. This enabled our client to get on with their business without the need to prepare a new contract for every individual transaction.
“Butlers Business Lawyers prepared standard contracts for everyday use in our business. The team ensured the contracts complied with Australian Consumer Law and advised on best practices for PPSR registration. Their experience and knowledge in this complicated area was invaluable, and we feel our business now has the best protection from expensive legal disputes.”
“We are in the business of repairing marine craft. We were concerned after custome
rs were having problems with a particular component supplied by a third party and installed by our business. We wanted to do the right thing by our customers and protect our business from legal risks. We sought the advice of the experienced Butlers team who not only advised on our obligations to our customers, but also avenues for seeking remedies against the supplier.”
“We are a shoe manufacturer and wholesaler, with a brand sold in retail stores across Australia. We were aware we needed to provide consumer law guarantees but were not sure how to address these guarantees in our marketing. The Butlers team advised us of our obligations under the Australian Consumer Law and assisted us in preparing compliant content for our website and marketing materials. We now feel protected from future legal claims or reputational damage. Thank you Butl
ers Business Lawyers!”
Want to talk to our experienced commercial lawyers in Newcastle, the Hunter or Sydney? Call us on (02) 4929 7002, email us or complete an enquiry form.