Australian Consumer Law Case Study

Coles claims and advertises that its bread is ‘baked today, sold today’ and ‘freshly baked in-store’. It was found that the bread was not, in fact, baked in Australia, but partially baked months earlier in overseas factories. Coles accepted a guilty verdict and claimed that new packaging was already being produced. Coles could face fines of up to $1.1 million per breach. This demonstrates how effective the ACCC is in enforcing the ACL but penalties may not be harsher enough. For a large business, like Coles, $1.1 million is not that much of a penalty compared to the profits it makes.

Elvis Eggplant has induced Mr Manfredi to purchase the café HappyHippie by inflating financial accounts by 60% and supplying misleading information about future profitability of the cafe. This essay will argue there is sufficient evidence to establish that Elvis Eggplant has given misleading information to pursue Mr. Manfredi to get into a contract to buy the café HappyHippie. Mr. Manfredi could pursue damages and rescission against Elvis Eggplant under Australian Competition and Consumer Act 2010 S 18 for fraudulent misrepresentation.

The Competition and Consumer Act is a major legislation that restricts unethical business marketing practices in Australia. It helps to protect consumers against unethical practices in which they may be misled or discriminated against and also to regulate certain trade practices that restrict competition in the market in order to sustain choice for the consumer.

In a society where citizens are more aware of their rights and more willing to pursue those rights, the law is having an increasingly greater effect on the practice of education. Negligence, in terms of personal injury liability, is only one aspect of legal action which a teacher may face under current Australian negligence principles. In order to protect the many diverse stakeholders that may arise in such a situation, it is important to identify and clarify the law of negligence and how it operates within a school environment – now and in the future. This essay will do that, firstly, by discussing the current state of liability for teachers pursuant ss 2, 4 and 5 of the Civil Liability Act 2003 (Qld) (‘CLA’) and the prerequisite elements

There is a great debate that has been raging in Australia for a long time on whether the Australian legal system adequately protects and enforces individual rights. Those who argues that additional protection is needed push for the creation of a Bill of Rights, a document that contains a formal list of the rights of a citizen in a society which the society regards as being fundamentally to its citizens. On the other hand, some argues that the current Constitution in Australia is adequate to protect our rights and freedom. The most important thing is that Australian law needs to balance the rights and responsibility of individuals with the best interest of society. Australian law need to be able to guarantee our rights but flexible enough to change and adapt to an increasingly complicated world.

Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.

Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australia’s legal system.

Outlined in this paper is a definition of the role and functions of Law in business and society. Without laws within a society to regulate the behavior of its people, there would be chaos and ineffectiveness. This paper has also provided how the

Before 2011 all States and territories in Australia had separate laws and regulations regarding the protection of consumers. However they tried to implement a more national scheme based on part 5 of the Trade Practices Act 1974 which was on consumer protection. A beneficial as it may have been to ensure consistency the approach

Slater&Gordon is an Australian consumer law firm. It provides wide range of services in personal injury and general law areas. In 2012 Slater&Gordon started its expansion to United Kingdom market by acquiring local law firms, and successfully increased its market share. In 2013-2014 company continued its acquisition program in Australia and UK, demonstrating stable growth in revenue and earnings per share. In 2014 only 56% of its revenue were coming from Australian market, when the remaining 44% are generated in UK. Presently, Slater&Gordon is concentrating on improving its efficiency by integration and consolidation of its practises and growth of its presence on international market.

The Australian Consumer Law (‘ACL’) was implemented in two stages. The first stage came into operation on the 1st of July 2010 and it comprised national unfair contract terms provisions, and new civil pecuniary penalties, enforcement powers and consumer redress options for breaches of the Trade Practices Act (‘TPA’). The second stage of the reform provided that the new ACL would commence on the 1st of January 2011 and included the consumer guarantee reforms and a new standard consumer product safety law for consumer goods and product related services.

* Overstating benefits, offering discounts that don’t exist, bait & switch advertising. Consumers are responsible for reporting breaches

The UK’s government believes the implementation of the UCPD in the UK would reinforce the legislation on consumer protection and assist the UK to become the best at protecting consumer . As aforementioned, the Consumer Protection from Unfair Trading Regulations 2014 amends the Consumer Protection from Unfair Trading Regulations 2008 by providing new private right to redress in respect of unfair commercial practices. This part will provide a comprehensive approach to the UCPD as the foundation of the 2008 Regulations. In particular, it will analyse the purpose, the scope, the structure of the UCPD, the impact on private law and introduce the impact of the UCPD on the UK’s existing legislation.

This essay will analyse the Consumer Rights Act 2015 (‘CRA 2015’) as it is a significant element of the government’s reform of consumer law in the UK. The Act has been lauded as an immense upheaval of consumer law due to the integration of eight existing pieces of legislation into one. The complicated regulations regarding goods and services that consumers and businesses struggle to comprehend will no longer apply under the Act.

Prepare a short fact sheet describing the Sale of Goods Act 1979, stating how it protects customers when they enter into contracts for goods. Use examples and/or case studies to illustrate the relevant implied conditions: