Australian Consumer Law Lawyers
LITIGATION & DISPUTE RESOLUTION
The Australian Consumer Law protects people and businesses when products, services or commercial dealings fall short of what the law requires – but knowing your consumer rights and getting the outcome you are entitled to can be very different things.
At Attwood Marshall Lawyers, we help consumers, small businesses and companies navigate disputes involving faulty products, misleading conduct, unfair contract terms, and other breaches of consumer law.
We also advise businesses responding to consumer complaints, regulatory inquiries, and enforcement actions.
Whether you’re trying to recover a financial loss, resolve a dispute or protect your business, our lawyers can explain where you stand and what options are available.
What is the Australian Consumer Law?
The Australian Consumer Law (ACL) is a national law that protects consumers and eligible businesses from unfair practices when buying, selling or supplying goods and services. It sets minimum standards for products and services, prohibits misleading or deceptive conduct, and provides legal remedies when businesses fail to meet their obligations and provides a raft of other protections for consumers.
The ACL is contained in the Competition and Consumer Act 2010 and applies throughout Australia.
The Australian Competition and Consumer Commission (ACCC) and state and territory regulators enforce it.
Our consumer law dispute lawyers help clients understand how these protections apply to their situation.
Who we act for
Consumer law disputes aren’t always straightforward. Sometimes the issue is a faulty product and a business refusing to provide a remedy. Other times, it’s a commercial agreement, someone who has engaged in misleading and deceptive conduct or a misleading representation that could have serious financial consequences for parties.
Our consumer law solicitors advise and represent:
- Consumers: People who have purchased faulty, unsafe, or misdescribed goods, or paid for services that haven’t met the legal standards.
- Small businesses: Business owners who have been misled by suppliers, entered into unfair standard form contracts or suffered losses because another business failed to meet its legal obligations.
- Businesses facing complaints or investigations: Companies responding to consumer disputes, Fair Trading inquiries, ACCC investigations, or allegations of non-compliance.
- People injured by unsafe products: Individuals who have suffered an injury or loss because of a defective product and may have grounds to pursue compensation. These claims generally fall under public liability. Find out more about injury compensation claims.
Whether you’re bringing a claim, or defending one, getting early legal advice can help you understand the risks, preserve your position, and avoid unnecessary escalation.
Our Australian Consumer Law Services
Misleading or Deceptive Conduct
Businesses must be careful about the claims they make when advertising, promoting, or selling goods and services.
The Australian Consumer Law prohibits misleading or deceptive conduct in trade or commerce, including claims about a product’s quality, performance, characteristics or benefits.
Depending on the circumstances, remedies may include compensation for losses, refunds, or court orders preventing further conduct.
Consumer Guarantees
When buying products or services, certain guarantees apply automatically under the Australian Consumer Law. A business cannot simply remove these rights by displaying a ‘no refund’ sign or including an exclusion in its terms and conditions.
Goods must be of acceptable quality, fit for purpose, and match the description provided. Services must generally be provided with due care and skill.
Where these guarantees aren’t met, you may be entitled to a repair, replacement, refund or compensation, depending on the failure.
A major failure is generally a serious problem, such as a product being substantially unfit for its normal purpose and unable to be fixed easily within a reasonable time, or something a reasonable consumer wouldn’t have purchased had they known about the issue.
Listen to our Commercial Litigation Associate, James Griffin, discuss Consumer Guarantees in an interview on 4BC Brisbane.
Unfair Contract Terms
Just because you’ve signed a contract doesn’t mean every term is enforceable.
The Australian Consumer Law protects consumers and eligible small businesses against unfair terms in standard form contracts, where one party typically prepares the agreement with little opportunity for negotiation.
Terms that allow one party to change prices, cancel agreements or impose penalties without corresponding rights for the other party may raise concerns.
Strong laws now prohibit proposing, using or relying on unfair terms in certain contracts, with significant penalties for breaches.
Find out more about unfair contract terms in Commercial Litigation Partner Charles Lethbridge’s blog “Unfair contract terms: what businesses need to know”.
Unconscionable Conduct
Some business behaviour goes beyond ordinary hard bargaining.
Unconscionable conduct involves behaviour that is so hard or unfair, assessed against the relevant legal standards, that it breaches the Australian Consumer Law.
For example, a supplier might exploit a customer’s serious vulnerability or lack of understanding to pressure them into an agreement on unreasonable terms.
Franchising and Commercial Disputes
Consumer law protections can also apply to commercial relationships, including disputes between franchisees and franchisors, suppliers and business customers.
These matters may involve misleading representations, unfair contract terms, contractual breaches or other conduct affecting a business’s financial interests.
Class Actions
Sometimes a consumer law issue affects hundreds or even thousands of people.
Where multiple consumers or businesses have suffered losses arising from similar conduct, a class action may be an option.
Our litigation team can advise on the legal issues involved, the suitability of collective proceedings and the potential risks and costs.
ACCC and Fair Trading Investigations and Enforcement
Receiving a notice from the ACCC or a state regulator can be unsettling, particularly where a business faces allegations of misleading conduct, unfair contract terms, or other breaches of consumer law.
Regulatory investigations can involve requests for information, compulsory notices, interviews, negotiations, and, in some circumstances, court proceedings. Businesses need to understand what information they are required to provide, the risks associated with their response, and whether changes to their practices may be necessary.
Early legal advice can be particularly important when a regulator has exercised compulsory information-gathering powers or formal allegations have been raised.
The process of making a claim under Australian Consumer Law
Every consumer law dispute is different, but most follow a similar process. Our approach is to understand the problem, identify what the law allows and work towards a resolution that makes commercial and practical sense.
- Assess your position
We review what happened, the relevant documents and the losses suffered. This helps us identify whether there may have been a breach of the Australian Consumer Law and what remedies could be available. - Make a formal complaint or demand.
Where appropriate, we may prepare a letter of demand, respond to allegations, or assist with a complaint. - Negotiate a resolution.
Many disputes can be resolved through negotiation or mediation without proceeding to a formal hearing. - Tribunal or court proceedings.
If an agreement cannot be reached, we can advise on the appropriate course of action and represent you in proceedings. - Reach an outcome.
Whether through settlement, a tribunal decision, or a court order, we explain the outcome, any obligations that follow and the final steps.
Time limits and bringing a claim
No single time limit applies to every Australian Consumer Law dispute. The deadline depends on the type of claim, the remedy sought, and the legislation governing the proceedings.
Some claims have specific statutory limitation periods, while others may be affected by general state or territory limitation laws.
Where you bring a claim also matters. Smaller consumer disputes may be suitable for a tribunal, while more complex matters, larger financial claims or regulatory proceedings may need to be heard in court.
The following table outlines some of the main regulators and forums:
| Jurisdiction | Consumer regulator | Tribunal or court |
|---|---|---|
| Queensland | Office of Fair Trading | QCAT, Queensland Courts |
| New South Wales | NSW Fair Trading | NCAT, NSW Courts |
| Victoria | Consumer Affairs Victoria | VCAT, Victorian Courts |
| Federal / National | ACCC | Federal Court of Australia and other courts within jurisdiction |
Not every tribunal or Court can hear every Australian Consumer Law claim, and monetary limits or procedural restrictions may apply.
Seeking legal advice early can help protect your right to bring a claim, preserve evidence, obtain reports, and identify the most appropriate path forward.
Why choose Attwood Marshall Lawyers
Attwood Marshall Lawyers acts for consumers and businesses across Australia, with offices located at:
- Gold Coast: Coolangatta, Robina, Southport
- Northern New South Wales: Kingscliff
- Brisbane CBD
- Sydney
- Melbourne
Whether your matter involves a local supplier, an interstate transaction or a business operating across multiple jurisdictions, our lawyers can advise on the applicable law and where proceedings may need to be commenced.
Our Commercial Litigation Lawyers have:
- Specialist knowledge. The team is led by Law Society Accredited Specialist in Dispute Resolution, Charles Lethbridge.
- National reach. Our team has acted for clients across jurisdictions and can support you with your dispute nationwide.
- Clear communication. Our team takes the time to provide practical advice about your legal position, potential costs, and the options available.
Australian Consumer Law FAQs
What is the Australian Consumer Law and who does it protect?
The Australian Consumer Law is a national law protecting consumers and eligible businesses when purchasing goods and services. It covers issues such as faulty products, misleading advertising, unfair contract terms and unsafe goods. Some protections also apply to commercial transactions, meaning small businesses can have rights under the law.
What counts as misleading or deceptive conduct?
Misleading or deceptive conduct occurs when a business’s actions, statements or representations lead, or are likely to lead, someone into error. This might involve false claims about a product’s performance, inaccurate pricing or misleading information about a service. A business doesn’t necessarily need to intend to mislead someone to breach the law.
What are my consumer guarantees if a product is faulty?
Products must meet certain standards, including being of acceptable quality, fit for purpose and matching their description. If a product fails to meet these guarantees, you may be entitled to a repair, replacement or refund. For a major failure, you can generally choose a refund or replacement, subject to the applicable rules.
What can I do if a business refuses a refund?
If you’re legally entitled to a refund and the business refuses, you can make a formal complaint and explain which consumer guarantee hasn’t been met. Keep your receipt, correspondence and any evidence of the fault. If the dispute remains unresolved, you may be able to seek assistance from a consumer regulator or pursue a tribunal or court claim.
Does the Australian Consumer Law protect small businesses?
Yes. Small businesses can benefit from several Australian Consumer Law protections, including rules against misleading or deceptive conduct and unfair terms in eligible standard form contracts. Consumer guarantees may also apply to certain business purchases. The protections available depend on the transaction, the type of goods or services and the business’s circumstances.
How long do I have to make a consumer law claim?
Time limits depend on the type of consumer law claim and the remedy being sought. Some Australian Consumer Law actions have specific statutory deadlines, while other disputes may be subject to different limitation periods. Getting legal advice early is important, particularly when significant losses are involved, or negotiations have been ongoing.
What is product liability under the Australian Consumer Law?
Product liability concerns responsibility for harm caused a safety defect in goods. Under the Australian Consumer Law, manufacturers may be liable for certain injuries or losses caused by unsafe products. These claims can involve defective design, manufacturing problems or inadequate safety warnings. The available compensation depends on the circumstances and evidence.
Contact a Consumer Law expert today
Let us help you resolve your dispute so that you can move on with your life and put this matter behind you.
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