We assist clients with the practical application of Australia’s consumer protection laws, providing compliance advice, representation in regulatory investigations and defence against consumer claims. We aim to help our clients meet their legal obligations while maintaining customer trust and business efficiency.

Overview

Consumer protection regulation in Australia is primarily governed by the Australian Consumer Law (ACL), which forms Schedule 2 of the Competition and Consumer Act 2010. This comprehensive legislation covers a wide range of consumer issues, including misleading or deceptive conduct, unconscionable conduct, unfair contract terms, and product safety. The regulatory landscape is further shaped by industry-specific regulations and the active enforcement approach of the Australian Competition and Consumer Commission (ACCC).

Compliance with consumer protection laws is crucial for businesses operating in Australia. Breaches can result in significant penalties, reputational damage, and loss of consumer confidence. Moreover, the increasing focus on corporate social responsibility means that consumer protection is not just a legal requirement but also a key aspect of maintaining a positive brand image.

Our approach

We take a proactive and practical approach to consumer protection regulation. Our services begin with comprehensive compliance reviews, where we assess our clients’ practices against current legal requirements and industry best practices. We provide clear, actionable advice on areas of potential risk and strategies for improvement.

When issues arise, we work closely with our clients to develop effective responses. This may involve negotiating with regulators, managing product recalls, or defending against consumer claims. Our goal is always to achieve outcomes that protect our clients’ interests while demonstrating a commitment to fair treatment of consumers.

Representative experience

• Advised a major retailer on compliance with ACL requirements for online sales. Our guidance included revising terms and conditions, updating refund policies and improving product descriptions, resulting in enhanced customer satisfaction and reduced complaints.
• Represented a food manufacturer in ACCC proceedings regarding alleged misleading labelling. Our strategic approach to negotiations resulted in an enforceable undertaking that addressed regulatory concerns without admission of liability.
• Assisted a telecommunications provider in responding to a surge in customer complaints during a system upgrade. We developed a comprehensive remediation plan that satisfied the industry ombudsman and prevented formal regulatory action.
• Successfully defended a furniture retailer against a class action alleging misleading promotional practices. Our detailed analysis of marketing materials and sales data demonstrated compliance with ACL requirements, leading to the dismissal of the case.
• Guided a travel company through the process of updating its terms and conditions to comply with unfair contract terms legislation. Our work included redrafting key clauses and providing staff training on the practical implications of the changes.
• Represented a consumer electronics company in managing a product safety recall. Our efficient handling of the recall process, including liaison with the ACCC, minimised reputational damage and potential liability claims.