Key obligations under Australian Consumer Law

• Misleading or deceptive conduct: Avoid conduct that is misleading or likely to mislead, whether intentional or not
• Unconscionable conduct: Avoid conduct that is harsh, unfair or exploits another party
• Anti-competitive conduct: Avoid arrangements that substantially lessen competition
• Third line forcing: Do not require a party to acquire goods or services from a third party as a condition of supply
• Unfair contract terms: Avoid terms that create a significant imbalance in the parties’ rights and obligations
• Consumer guarantees: Comply with statutory consumer guarantees, regardless of any written warranty terms

Consequences of non-compliance

Failure to comply with Australian Consumer Law may result in significant consequences, including:

• Regulatory action by the ACCC
• Claims for damages
• Inability to enforce contractual terms
• Reputational damage

These obligations apply to dealings with consumers and, in many cases, small businesses.

Australian Consumer Law advice

QBM Lawyers advise on compliance with Australian Consumer Law and assist businesses in managing legal risk. We provide:

• Review of commercial terms and agreements: Assessing agreements and warranties for compliance with Australian Consumer Law
• Contract review: Identifying and addressing terms that may be unenforceable