Advocates of consumer rights and protection against unfair practices that are essential to safeguard the interests of consumers in the marketplace. Our consumer protection and dispute law experts provide guidance and support to help consumers understand their rights and navigate the complexities of Australian Consumer Law.
Australian Consumer Law (ACL)
The Australian Consumer Law (‘ACL’) is an important source of governance for both consumers and suppliers. The ACL legislation applies throughout all states and territories of Australia and provides certain protections to consumes when purchasing both goods and services in Australia.
Australian Consumer Law is upheld by the Australian Competition & Consumer Commission (ACCC) as well as relevant state and territory consumer protection agencies.
The ACL sets out the rules and minimum standards that must be upheld by suppliers of goods and services in Australia. If the consumer purchases goods or services in Australia that do not meet expectations of guarantees of the supplier, then there may be legal recourse to claim compensation from the supplier.
“No Refunds” & Misleading Warranty Terms
It is against the law for businesses to make misleading claims about refunds, warranty terms, or guarantees in contradiction of the standards set out by Australian Consumer Law.
Businesses cannot revoke your basic consumer rights – even if their internal policy may suggest otherwise. Displaying a no refunds sign in a shopfront or pressuring consumers into ‘extended warranties’ to maintain their basic consumer are two common tactics that suppliers of goods may use to strip consumers of their basic rights under the ACL.
Consumer guarantees and supplier warranties are not the same thing. A supplier of goods or services cannot revoke your basic rights with their own warranty policy. A warranty may be valid where it exceeds the minimum standards of consumer guarantees, however, it may not limit or exclude your rights under Australian Consumer Laws.
How We Can Help
Australian Consumer Law is nothing if not complex. HG Lawyers help consumers to navigate the complexities of Australian Consumer Law and provide legal support in the form of advice, guidance, and litigation.
Our experienced team of consumer protection and dispute lawyers in Sydney is committed to protecting your rights as a consumer and ensuring that your rights are upheld. Our tailored consumer law and dispute resolution services ensure that businesses comply with the standards set out under Australian Consumer Law.
Our Consumer Protection Lawyers
Chris was originally admitted as a solicitor in England & Wales and worked in London for an award winning and highly regarded firm established in 1881.
Tass is a specialist employment lawyer with over 30 years experience. He has been a solicitor, a barrister and an industrial advocate.
Rebecca Campbell
Rebecca is a Senior Lawyer practicing in commercial and civil litigation.
Frequently Asked Questions
What is misleading and deceptive conduct under Australian Consumer Law?
Under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010), a person must not engage in conduct that is misleading or deceptive, or likely to mislead or deceive. This covers false representations about goods, services, prices, and business activities. No intent to mislead is required — the effect of the conduct is what matters.
What are consumer guarantees under Australian Consumer Law?
Consumer guarantees are automatic statutory rights that apply to goods and services supplied to consumers. For goods, they include guarantees of acceptable quality, fitness for purpose, and correspondence with description. For services, they include guarantees of due care and skill and fitness for purpose. These cannot be excluded by contract.
What is an unfair contract term under Australian Consumer Law?
A term in a standard form consumer or small business contract is unfair if it causes a significant imbalance in the parties rights and obligations, is not reasonably necessary to protect the legitimate interests of the party who would benefit from it, and would cause detriment if relied on. Unfair terms are void and unenforceable.
Can I get a refund if goods are faulty?
Yes. Under the Australian Consumer Law, if goods fail to meet a consumer guarantee, you are entitled to a remedy. For major failures, you can choose a refund, replacement, or compensation. For minor failures, the supplier can choose to repair, replace, or refund. These rights cannot be excluded.
How do I make a consumer law complaint?
Complaints can be made to the ACCC (for national matters), NSW Fair Trading (for state matters), or NCAT (for consumer disputes up to $40,000 in NSW). HG Law advises businesses and individuals on their rights and obligations under the Australian Consumer Law and represents clients in consumer disputes.
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