find the latest legal job
Banking Associate - 1-6PQE - Allen & Overy
Category: Banking and Finance Law | Location: United Kingdom
· Banking Associate - 1-6 PQE - Allen & Overy
View details
Academic Dean and Head of School of the TC Beirne School of Law
Category: Other | Location: Brisbane QLD 4000
· An outstanding opportunity · Provide educational, research and organisational leadership
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Arncliffe NSW 2205
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: All Sydney NSW
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
Senior Property Lawyer I Commercial Litigator
Category: Property Law | Location: Sydney NSW 2000
· Rapidly growing law firm, working with a highly experienced team in a high growth industry across all areas of property and strata law
View details
New consumer laws likely to sting

New consumer laws likely to sting

A steady stream of legal work may emerge from the unfair contract regime under the new Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 and the Australian Securities and…

A steady stream of legal work may emerge from the unfair contract regime under the new Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 and the Australian Securities and Investments Commission Act 2001, with experts declaring that businesses may find themselves ill prepared.

Middletons partner Murray Deakin believes the new unfair contract provisions aimed at protecting consumers - and increased powers of the Australian Competition and Consumer Commission (ACCC) - will require businesses to be prepared if they are to avoid falling foul of the new laws.

"It is going to have a significant impact on businesses generally, because the width of these amendments is so extensive," he said.

"Businesses ... need to be reviewing their contracts now. We are only ... days away from an operational law, and [compliance] will be a big exercise for some businesses ... It is a very big project which should be well under way by now, or needs to be initiated fairly quickly."

According to Deakin, the ACCC has its short-term sights set on the telecommunications, car hire and gymnasium industries, though targeted businesses are likely to have a window of opportunity to address any issues arising under the legislation.

"The good news is that the ACCC is expected to have an initial compliance focus, as distinct from an enforcement and prosecution focus, so one would hope that [the ACCC] will be out there in the market place educating businesses that don't already know what the due requirements are under this new legislation," he said.

The new laws, which will commence on 1 July 2010, are likely to prompt a significant increase in work for firms, particularly those whose clients operate in the targeted industries, and Deakin is already seeing clients making moves to understand and meet demands under the extensive changes.

And according to Middletons' Sylvia Ng, businesses also need to be prepared to confront a newly empowered ACCC.

"[The ACCC's powers] do appear to be quite intrusive, and it remains to be seen whether the ACCC is going to take a more aggressive and pre-emptive approach against businesses that are suspected of contravening consumer protection provisions," she said.

"The take home message is to be prepared, because with these new powers and the remedies that are available, the ACCC will get the upper hand and it is likely that they will be more aggressive in their campaign against businesses."

Like this story? Read more:

Book commemorates diamond milestone for WA law society

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

NSW proposes big justice reforms to target risk of reoffending

New consumer laws likely to sting
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Gavel, legal book, criminal lawyers
Jan 19 2018
Three criminal lawyers named NSW magistrates
The NSW Attorney-General has announced the appointment of three new local court magistrates. ...
Warning
Jan 18 2018
Lawyer highlights ‘unintended consequences’ on SSM estate planning
A succession lawyer has warned that the right for same-sex couples to legally marry could have a sub...
drug rehabilitation services available in rural and remote communities
Jan 18 2018
ALS survey shines spotlight on insufficient rehabilitation services
A new survey posted by the Aboriginal Legal Service (NSW/ACT) has revealed an alarming insight into ...
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 & ...