find the latest legal job
Inhouse Legal Counsel -18 months-4 PAE - Real Estate Investment Company
Category: Banking and Finance Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· In brand new prestigious CBD offices
View details
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
Mallesons head urges flexibility in consumer law revamp

Mallesons head urges flexibility in consumer law revamp

The Large Law Firm Group has welcomed the Australian Government's blueprint for national reform but has warned against a "one size fits all" approach to new regulatory structures.Robert…

The Large Law Firm Group has welcomed the Australian Government's blueprint for national reform but has warned against a "one size fits all" approach to new regulatory structures.

Robert Milliner, chair of the group and chief executive partner of Mallesons Stephen Jaques, said there was support for revision of existing consumer protections.

However, there were dangers in attempting to apply the same consumer protection provisions across the board, considering differences in bargaining power, he said.

"The corporate client base of a large law firm clearly involves a different type of legal consumer than an individual who engages a small firm on a matter," he said.

"Corporate clients have the knowledge, and often the preference, to negotiate commercial arrangements on an individual basis with their legal service provider and this should be reflected in the regulatory approach of the national model."

Milliner said any new regulations should include flexibility.

"For example, by adopting a definition of 'consumer' which distinguishes between major consumers and individuals or small businesses, or an 'opt out' provision that can be selected by clients so that they and their clients do not face a compliance regime that is irrelevant for their corporate client base," he said.

"The Government needs to be wary of replacing one type of red tape with another. A 'one-size-fits-all' approach isn't appropriate when the operating models of firms vary so widely."

The LLFG also urged the Government to take close account of the global legal landscape when undertaking reform of the profession.

"The LLFG believes there is a significant opportunity to improve the efficiency of the current regulatory systems, but change must occur against the backdrop of emerging global competition issues," he said.

However, the LLFG remained open-minded about proposals for a national legal services board and an ombudsman, Milliner said.

The group, formed in 2007, is made up of Allens Arthur Robinson, Blake Dawson, Clayton Utz, Corrs Chambers Westgarth, Deacons, DLA Phillips Fox, Freehills, Mallesons Stephen Jacques and Minter Ellison.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Mallesons head urges flexibility in consumer law revamp
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Animal law moots, advocacy, Melbourne University, Australia and New Zealand Intervarsity Moot on Animal Law
Sep 25 2017
Moot unleashes animal advocacy
Melbourne has played host to one of the largest animal law moots, with student participants put th...
Scales
Sep 25 2017
Transgender teens should not need legal approval for hormone treatment, court hears
A transgender 17-year-old known as Kelvin has appealed in the Family Court against the requirement o...
Appointed, Victorian Legal Services Commissioner
Sep 25 2017
NFP CEO appointed Victorian Legal Services Commissioner
The CEO of a Victorian not-for profit pro bono legal services provider has been named as the state...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...