Consumer Law or Commercial Contract Claim
Australian Consumer Law or commercial contract claim
Consumer Protection Under Australian Law
The consumer protection provisions of the Australian Consumer Law prohibit misleading and deceptive conduct, and unconscionable conduct, or provide specific protections such as those concerning false or misleading representations, consumer guarantees, and the liability of manufacturers for defective goods.
Court Remedies for Breach of Consumer Law or Contracts
Where someone has suffered loss or damage because of a breach of the Australian Consumer Law or a commercial contract, the Court may make injunctions, order damages or compensation, or declare contracts void, vary contracts, or make orders requiring the refund of money or the return of property.
Role of the ACCC in Enforcement Actions
It should also be noted that the regulator of the Australian Consumer Law, named the Australian Competition and Consumer Commission (ACCC), may also take criminal proceedings or other forms of enforcement action, such as seeking pecuniary penalties and adverse publicity orders against a person breaching the Australian Consumer Law. In such cases, I am available to defend such actions.
Relief Under the NSW Contracts Review Act
In New South Wales, there is also the Contracts Review Act, which enables a grant of relief where a contract, or a provision of a contract, is unjust (the meaning of which includes “unconscionable, harsh or oppressive”) in the circumstances relating to the contract at the time it was made. The NSW Civil and Administrative Tribunal (NCAT) also has broad powers to make such orders as, in its opinion, will be fair and equitable to all parties to the claim, where its jurisdiction to do so is successfully invoked.
The Importance of Legal Advice in Contract Matters
It is therefore important to understand that, because of such legislation, the rights and liabilities of parties to a written contract may well go beyond a reading of the contract. Legal advice is necessary to get a proper understanding of how a contract might be interpreted by a court or tribunal, and how legislation might impact your rights and liabilities under a written contract.