by laws at the state and territory levels, as well as nationally, most significantly by the Competition and Consumer Act 2010 (Cth). The most significant part of the 2010 Act is its second schedule, known as The Australian Consumer Law (ACL). The ACL outlines certain rights of consumers, sets out standards for goods and services and provides penalties for breaches. Protections for consumers provided in the ACL include: of those goods and be fit for their disclosed purpose; defects; and these protections from being "contracted out." Remedies where the guarantees are not met include having the goods repaired, replacing the goods or providing a refund. The ACL also gives Australian Federal Courts the power to grant injunctions where the ACL is breached. The statutory liability for products is primarily borne by manufacturers, however suppliers along the supply chain can also be liable in certain circumstances. In addition, the definition of "manufacturer" in the ACL is quite broad, including those who apply their brand name to the goods. This is of particular concern to importers into Australia, as they may be held liable, and are likely to be sued when the original manufacturer is not in Australia. One of the most significant provisions in the ACL is the s18 prohibition against a person, in trade or commerce, engaging in conduct that is misleading Lawyers. She has extensive experience in a wide variety of litigation matters including consumer and compensation law, commercial litigation and matters relating to the Succession Act (Estate Disputes). She also has expertise assisting clients required to appear before Special Commissions of Inquiries or Royal Commissions. advising on a variety of issues for businesses and other organizations, including acquisitions and disposals, joint ventures, contracts and employment arrangements, international supply and distributorship arrangements and associated disputes and regulatory issues. Level 18, St. James Centre 111 Elizabeth Street Sydney NSW 2000 Australia +61.2.9221.1117 Fax selwyn_black@codea.com.au codea.com.au |