Consumer

In recent years, enforcement of consumer protection laws and the pecuniary penalties imposed by courts for contraventions have increased greatly. We advise on compliance with all aspects of consumer protection laws and work with you to assess consumer protection risks and develop practical and commercial solutions to address them.

Our team can assist with ACCC investigations and proceedings, reviewing and assisting in the development of advertising and marketing campaigns, reviewing and amending unfair terms in contracts, advising on misleading or unconscionable conduct, consumer guarantees, product recalls and product liability, trade promotions and competitions, and compliance programs and training. We work with clients across a broad range of industries and assist them to navigate the complex and varied issued that arise when dealing with consumers and small businesses who can also be caught by the regime.

Our team regularly publishes articles on the Australian Consumer Law, including our UCT article series on the reforms to the unfair contract terms regime under the Australian Consumer Law.

Key contacts Related insights

Consumer

Our experience

  • Various clients Reviewing and revising consumer and small business contracts for compliance with unfair contact terms laws for many firm clients (including online terms) including Elgas, BOC, Officeworks, Bunnings, Stockland and Singapore Airlines.
  • Blake Wills Acting for an officer of Productivity Partners and Captain Cook College in High Court proceedings which tested fundamental issues concerning the scope of the systemic unconscionable conduct prohibition and the principles governing accessory liability.
  • Roses Only group and Meg’s Flowers Acting in ACCC proceedings alleging that online advertising by Meg’s Flowers conveyed a misleading representation that it was a local florist located in various towns, suburbs or localities.
  • Motor Trades Association of Australia (MTAA) Assisting MTAA to prepare and publish a Guide to Unfair Contract Terms in the Automotive Industry.
  • Motor Trades Associations Advising Motor Trades Associations throughout Australia Conducting Unfair Contract Terms training workshops for national and state Motor Trades Associations.
  • Airlines Reviewing passenger terms and product offerings for compliance with the Australian Consumer Law.
  • Large Food manufacturer, property developers and other clients Advising and conducting training on greenwashing and black cladding.
  • Various clients With the support of the HWLE Lawyers Dispute Resolution team, advising clients on the merits of, and strategy to resolve, consumer complaints.
  • Various clients Advising on their website content and marketing materials to ensure compliance with consumer protection laws including misleading and deceptive conduct and pricing representations; preparing marketing “guides” for use by in-house counsel or marketing teams in the development of legally compliant marketing collateral.
  • The ACCC Acting for the ACCC to develop consumer compliance programs and audit and report in respect of those programs over three year period under s87B undertakings.
  • ACCC investigations and proceedings Acting in ACCC investigations and proceedings regarding ACL issues including consumer guarantee obligations, pricing, use of testimonials and reviews, comparative advertising and greenwashing.