Consumer and competition law

On 1 January 2011 the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010. The Competition and Consumer Act catches conduct, contracts, arrangements or understandings which affect competition, prices, trade or commerce, and consumer safety. These laws can also be used by businesses and consumers to obtain remedies against businesses who have infringed these laws. These include:

1. Accepting payment without intending to supply
2. Bait advertising
3. Compulsory product recall in respect of defective product
4. Conditions and warranties in consumer transactions
5. Consumer product standards
6. Demanding payment for unsolicited goods or services
7. Emergency orders in respect of defective product
8. Exclusive dealing & forcing conduct
9. False and misleading representations
10. False representations in relation to land
11. Falsely offering prizes
12. Harassment and coercion
13. Market sharing
14. Misleading & deceptive conduct
15. Misuse of market power
16. Predatory pricing
17. Price fixing
18. Product recall in respect of defective product
19. Product safety and product information
20. Pyramid selling
21. Referral selling
22. Resale price maintenance
23. Sending unsolicited debit or credit cards
24. Trade boycotts by market participants
25. Unconscionable conduct
26. Warning notices in respect of defective product

Given the reach of the Trade Practices Act a wide variety of businesses need to be mindful of its application in their commercial environment to ensure best business practice. Bransgroves Lawyers can help with timely and knowledgeable strategic advice to ensure compliance.

If a prosecution is lodged, section 87B Notice issued, or proceedings commenced, Bransgroves Lawyers can immediately assess your position and apply critical and creative thinking, leveraging on our immense experience, to chart the optimum course.

The prohibition against Misleading and Deceptive Conduct is a statutory cause of action frequently invoked in Australia to buttress allegations of breach of contract and negligence in commercial disputes between contracting parties. There are subtle advantages of pleading and assessing damages under this head rather than relying on common law causes of action and remedies. Bransgroves Lawyers are thoroughly familiar with and constantly keep up with the ever fluctuating case law, and frequently amended statute law, in relation to these claims. We will advise you on the strategic advantages in choosing Federal or Supreme Court for your action and show you cases that match your situation so you can be aware of the potential outcome and make informed strategically sound decisions.