Things you should know

  • Businesses should be aware of any obligations arising from the risks involved with drafting contracts, advertising copy, website content and other forms of media representation which can breach a range of state and federal legislation.
  • If you have been the victim of misleading and deceptive conduct, false representation, failure to comply with statutory regulatory standards, goods not being of merchantable quality, or services not being performed as you may have required, then there may be a range of remedies available to you.
  • All businesses in Australia must operate under the Australian law.
  • Purchases made online from an overseas business could potentially be excluded from the protections of Australian statutory law.

The Messner & Blunden Difference:

  • We have helped clients with disputes ranging from dissatisfaction with a small purchase, through to unfair supply agreements for supply to large businesses.
  • We acted for the successful party in a leading constitutional case on Section 92 of the constitution dealing with the ambit of State and Commonwealth legislation in trade and commerce.
  • We also acted in a significant Federal Court case involving allegations of misleading and deceptive conduct that ultimately resolved satisfactorily for the client.

Why would you need this service?

Consumer law provisions offer protection to a consumer beyond the principle of normal contracts law where you purchase a product or service that isn’t delivered at the standard promised.

Those remedies may apply to provide you with compensation even though the retailer that sold the product no longer exists or where the written warranty given by the retailer or manufacturer may have expired.

Businesses and business owners can also benefit from consumer law provisions, as they prevent their competitors from engaging in activities such as misleading or deceptive conduct, cartel behaviour, predatory pricing and other prescribed activities that give them an unfair advantage against another business.