Breach of the Australian Consumer Law

We often come across circumstances where a seller has done the wrong thing, or a purchaser is simply not happy and is trying to obtain an outcome that is not fair.

No matter the instance, our solicitors will take the time to understand what has happened, and offer you commercial advice, or if necessary, representation in legal proceedings. We will guide you through the process for disputes with a lower value, or take the reins and run the dispute with your instructions along the way. In this way, we can bridge the gap between the law and you, deliver a legal service that meets your budget, and guide you to a just outcome.

The Australian Consumer Law provides a baseline for relationships in which transactions take place with or without an express agreement. Most of the time, a claim for a breach of the Australian Consumer Law accompanies a claim under contract, or in equity also.

Protections are in place for:

1. Consumers and businesses who have to sign standard form contracts to purchase goods or services when those contracts contain unfair terms.
2. Consumers who have purchased something for less than $40,000, or if that something is ordinarily required for personal or household use (including vehicles) and the thing is:
   1. Not of an acceptable quality for the type of thing and its cost;
   2. Not the same as the description you were given when you bought it;
   3. Not doing what it was supposed to do;
   4. Not doing what you told the seller you needed it to do;
3. Anyone who has relied on someone who has misrepresented what is being sold or purchased, including the value of it, the number of it, the quality of it, when it would be provided, and how it should work/what it does, INCLUDING into the future.
4. Anyone who has been misled or deceived someone into purchasing a good or service, or entering some other form of transaction.
5. Anyone whereby a good or service fails to give you what you expected it would within a reasonable time after its purchase.
6. Anyone when someone has taken advantage of a special disadvantage or disability of the other – known as unconscionable conduct.

We often guide our clients to pursue these claims through providing negotiation strategies, or support in the relevant tribunal (for example the NCAT.) When the value is higher, we bring these matters in other courts, such as the Federal Court of Australia or Supreme Court of NSW.