In Queensland, competition and consumer law is governed by:
- the Competition and Consumer Act 2010 (formerly Trade Practices Act) and The Australian Consumer Law contained within schedule 2 of the Act;
- the Sale of Goods Act 1896; and
- common law principles.
The competition and consumer law captures various forms of conduct and transactions, including:
- misleading and deceptive conduct in trade or commerce;
- the making of false representations in relation to the sale of goods and services;
- the making of false representations in relation to the sale of land;
- unconscionable conduct in trade or commerce;
- unfair terms in consumer contracts and standard form consumer contracts;
- products or services not meeting the standard of various consumer guarantees;
- safety of consumer goods and product related services;
- the making and enforcement of information standards;
- liability of manufacturers for goods with safety defects;
- anti competitive conduct; and
- bait advertising.
The competition and consumer laws are designed to preserve and enhance the competition amongst businesses together with the protection of consumers.
In today’s competitive climate, business cannot afford the embarrassment, public exposure and costs associated with anti-competitive and misleading or deceptive practices occasioned by failure to comply with competition and consumer protection law.
Our team of experienced Litigation Lawyers can assist you ensure your business practices and contracts don’t contravene competition and consumer law and to pursue or defend claims should they arise.