COURSE CATEGORY
Substantive Law
Australian consumer law essentials
Western Australia Customers
Please note this course has not been updated in the last twelve months and does not satisfy the requirements for CPD in WA.
Published June 24, 2022
The objective of the Australian Consumer Law (ACL) is to protect consumers and ensure fair trading in Australia. There are serious consequences for non-compliance.
The ACL covers general protections such as a ban on misleading and deceptive conduct and unconscionable conduct. Importantly, since 2010, unfair contract terms in standard form consumer contracts for financial products and services are void. It also covers specific protections such as a ban on specific unfair practices in trade or commerce and contains provisions that deal with consumer transactions. From 12 November 2016, the unfair contract terms law also covers standard form small business contracts.
This course, in 7 easy-to-follow parts, provides lawyers with a practical overview of the operation of the ACL. Examples are used throughout the course to aid understanding.
- Part 1 – introduction, including legislative background and ACL benefits
- Part 2 – misleading or deceptive conduct
- Part 3 – false or misleading representations regarding goods or services
- Part 4 – unconscionable conduct
- Part 5 – unfair terms
- Part 6 – consumer guarantees
- Part 7 – sale practices
Note: While the ACL can apply to a business in commercial transactions (that is, transactions with other businesses), this course focuses mainly on transactions with consumers, with application to businesses highlighted at various parts of the course. With the extension of the unfair contract terms protections applying to standard form small business contracts entered into, or renewed, on or after 12 November 2016, Part 5 of this course also provides an introduction to this regime.
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TARGET AUDIENCE
All lawyers.
CPD POINTS
1
TYPE
Text based interactive module
Course Author: Karen Lee
Karen Lee was admitted to practice in 1997 in NSW. She holds a Master of Law and Management and specialises in banking and financial services law and legal knowledge management.
Karen is the Principal of Legal Know-How and she provides expert advice to firms and businesses on risk management, legal and business process improvement, legal documentation, regulatory compliance and knowledge management. Karen is the Specialist Editor of LexisNexis’ banking and finance law precedents, the General Editor of the Australian Banking Finance Law Bulletin and the Financial Services Newsletter, and author of Practical Guidance Banking & Finance modules. She has been a regular contributor to these and other professional publications on specialist legal topics such as PPS as well as in the areas of practice management and knowledge management.
Karen has worked extensively in-house, including as Head of Legal for a leading Australasian non-bank lender, as well as in top-tier private practice, including as Counsel at Allen & Overy and Clayton Utz. She has been involved in the PPS law reform process since 2008, including the preparation of detailed submissions to the Attorney General’s Department and the Senate Standing Committee on Legal and Constitutional Affairs in relation to the development and review of the PPS legislation. She was a member of the Government’s PPS Legal Special Interest Group from inception and has actively participated in the PPS Stakeholders Forum. Among other things, she has acted for major financial institutions to prepare their core standard form documentation to be used for consumer and business banking under the PPS regime.
