Ticli Blaxland Lawyers specialise in providing sound advice to businesses and consumers regarding consumer protection disputes. Drawing on over 75 years’ experience, our team can assist parties in reaching an efficient and cost-effective resolution to disputes concerning consumer guarantees, misleading and deceptive conduct and unfair contract terms.

The Australian Consumer Law (ACL) governs such disputes and applies to all Australian States and Territories. The ACL imposes strict obligations on the selling of goods and services. Unfair trading practices are prohibited, and business activities are to be carried out to a certain standard. The ACL also regulates the safety surrounding products and services.

Whether you are a business or an individual, we can give you the right advice.

Consumer Guarantees

Suppliers of goods and/or services, manufacturers and certain importers are subject to the consumer guarantee provisions of the ACL, regardless of whether they have given a manufacturer’s warranty. These guarantees include the following:

  • That goods will be of acceptable quality. This means they are safe, lasting, look acceptable and are free of faults; and
  • Goods will match any description provided. This includes descriptions made by salespeople, information provided on packaging and labels, promotions or advertising.
  • That services will be provided with acceptable care and skill or technical knowledge;
  • That goods and services will be fit for the purpose or give the results that you and the business had agreed to; and
  • That services will be delivered within a reasonable time when there is no agreed end date.

In addition to the consumer guarantees of the ACL, businesses may make further warranties or promises regarding the performance or nature of products and services. A common example is a ‘manufacturer’s warranty’, which is warranty against defects. Whether the warranties are made verbally or in writing, manufacturers and suppliers are under an obligation to comply with them.

What Can I Do if a Supplier or Manufacturer has Breached a Consumer Guarantee?

Where a breach concerns goods, consumers may be entitled to a repair, replacement or refund from the retailer. In some cases, compensation may be available for damages and loss.

It is also important to note that retailers are unable to refuse handling complaints by redirecting them to manufacturers or importers. Where a manufacturer is involved, suppliers must deal with the complaint on their behalf and seek reimbursement.

Where a service has failed to comply with the consumer guarantees, consumers are able to cancel the services and obtain a refund for the parts of the service not yet consumed.

Alternatively, they can obtain compensation if the supplier could have foreseen the issue. Compensation is intended to cover the financial cost incurred by you as a result of the defective product of service. Non-financial loss such as lost time or productivity can also be compensated in some circumstances.

Please note that there are exceptions to these remedies. It is important to speak to our team regarding your rights as soon as possible as time limits apply.

Misleading and Deceptive Conduct

The law prohibits businesses from making statements or representations in trade or commerce that are misleading or deceptive. This extends to their advertising, product packaging and any information provided to you by their staff or online.

Common disputes relate to the following:

  • The quality, style, model or history of a product or service;
  • Whether the goods are new;
  • The sponsorship, performance characteristics, accessories, benefits or use of products and services; and
  • The availability of repair facilities or spare parts.

There are a number of remedies available to consumers who have been subjected to misleading and deceptive conduct. These include compensation orders, injunctions and orders for corrective advertising.

If you think you have been misled, contact the team at Ticli Blaxland today to get the right legal advice. Time limits apply.

Unfair Contract Terms

Consumers are protected from unfair contracts, and particularly in circumstances where they have had limited opportunities to negotiate with businesses, such as with standard form contracts.

Standard form contracts are same or similar contracts used by businesses to improve efficiency and are commonly used. However, businesses are under an obligation to consider your rights as a consumer when preparing their standard form contracts.

If you think you have signed a contract with unfair terms, we can advise you on the following:

  • Does the term cause a significant imbalance between your rights and obligations and those of the business?
  • Is the term reasonably necessary to protect the legitimate interests of the business?
  • Would the term cause you detriment (financial or non-financial) if the business tried to enforce it?
  • How transparent is the term?

Contact our team to obtain the right legal advice. Time limits apply.