Trade Practices & Consumer Protection
Consumers are protected through a mixture of Federal, State and Territory legislation and industry self-regulation. The legislation promotes fair trading practices and improves the competitive position of manufacturers and suppliers.
The Trade Practices Act (TPA) deals with unconscionable conduct, unfair practices, product safety and product information, conditions and warranties in consumer transactions, manufacturer's liability and product liability. The TPA also regulates restrictive trade practices by prohibiting certain anti-competitive conduct.
We assist clients to know their rights under the TPA and to find a pathway through the complex avenues of determining the most appropriate enforcement mechanism. If a dispute is not resolved by negotiation between the parties, it is possible to use an industry-based complaints mechanism or tribunal, then going to Court is the last option.
While the consumer claims tribunals and small claims courts in each State and Territory are generally a quick, effective and relatively cheap alternative to litigation for small claims, they may be inaccessible to businesses.
We have helped our business clients deal with the TPA in matters such as goods and services provided by other businesses and competitors protecting their commercial interests.
