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Transport operators and storage facilities face increased liability under recent Australian Consumer Law Amendments

Amendments to the Australian Consumer Law (“ACL”), which is a schedule to the Commonwealth Competition and Consumer Act 2010, passed by the Commonwealth Parliament on 18 October 2018 are likely to increase the exposure of domestic land transport and storage facility operators for goods damaged during transportation or storage.  
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A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.
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Beware the Unfair – lessons to be learnt from JJ Richards?

The protections afforded to consumers under the “unfair contract terms” regime by the Australian Consumer Law and the ASIC Act 2001 has been extended to cover small businesses for over a year now.  
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The stars align. Penalties for ACL breaches to match those for anti-competitive conduct.

In 2015 Consumer Affairs Australia and New Zealand (CAANZ) undertook a review of the Australian Consumer Law (ACL).
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Check your standard form contracts: Federal Court nullifies unfair contract terms in landmark small business action

The ACCC has for the first time succeeded in an action that protects small businesses from unfair contract terms in standard form contracts.  In a landmark decision, ACCC v JJ Richards & Sons Pty Ltd, the Federal Court has declared eight terms used by JJ Richards in its standard form contracts unfair and therefore void.
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Unfair Contract Terms – Hicksons Stands Ready to Assist

On 12 November 2016 new provisions were added to the Australian Consumer Law to protect small businesses from unfair terms in standard form contracts.
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Consumer Law and Public Health Services

A recent Supreme Court case which concerned allegation of defamation (reported here on 26 September 2016) also raised the important issue of whether the sending of an email by a paediatrician was a breach of the Australian Consumer Law (ACL). 
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Doctors expression of concern regarding school hearing tests not defamatory

A recent decision in the Supreme Court was required to consider whether a paediatrician and health service, being vicariously liable for the paediatrician, had defamed a director of a company or engaged in misleading and deceptive conduct.
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Reform of Australian Country of Origin Food Labelling Laws

The Commonwealth and State Consumer Affairs Ministers have agreed to reform country of origin labelling for food to give Australian consumers clearer and more meaningful information about the source of the food they buy. The reforms are expected to commence from 1 July 2016 and business will have a two year transition period to bed down the new arrangements.

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