The Trade Practices Act 1974 was legislation that governed business practices between Australian consumers and businesses. The Act was replaced by the Competition and Consumer Act 2010 which enacted the Australian Consumer Law.
The Australian Consumer Law includes:

  • a new national unfair contract terms law covering standard form contracts
  • a new national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties
  • a new national product safety law and enforcement system
  • a new national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing
  • simple national rules for lay-by agreements
  • new penalties, enforcement powers and consumer redress.

Similar, as well as additional, issues arise under the Australian Consumer Law that arose under the Trade Practices Act, including the following issues that we regularly advise on issues relating to:

  • misleading and deceptive conduct;
  • unconscionable conduct
  • actions against sellers, manufacturers and importers
  • unfair business practices
  • anti-competitive telecommunications specific access obligations and access disputes.