All businesses selling goods or services to consumers in Australia are required to comply with Competition and Consumer Act 2010 (Cth) (previously the Trade Practices Act), the Australian Consumer Law and other fair trading and consumer protection laws.

The scope of competition and consumer laws are continually expanding to regulate new business practices, technologies and emerging industries. For example, when the unfair contracts regime commenced on 12 November 2016, it extended the coverage of consumer protection laws to up to 95% of contracts with small businesses.

Businesses need to ensure that they do not contravene competition and consumer laws as the penalties can be severe and result in reputational damage. Businesses also need to understand their rights and obligations when dealing with the Australian Competition and Consumer Commission.

Vault Legal assist clients to develop and adopt protective measures to ensure compliance with competition and consumer laws, including:

  • reviewing marketing, advertising and promotional practices to mitigate the risk of liability for misleading and deceptive conduct;

  • reviewing retail sales and pricing practices, including bait advertising, two-price comparison advertising, sale price maintenance and price fixing;

  • advising on the impact of consumer guarantees and the ability to exclude or limit the impact of implied warranties and consumer guarantees;

  • advising on product standards, defective goods and acting for clients in the event of product recalls;

  • advising on country of origin labelling;

  • advising on unfair contract terms and reviewing business contracts to ensure compliance with the unfair contracts regime;

  • advising on manufacturers’ liability, unconscionable conduct, misrepresentation and passing off; and

  • advising in relation to competition laws and restrictive trade practices.

To speak to a competition and consumer lawyer call Vault Legal today on 1300 002 210 or send Vault Legal an .