Consumer Disputes

At our firm, the Australian Consumer Law (ACL), contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth), is a national law that protects consumers across Australia, including Queensland. It provides consumer guarantees on all goods and services (fitness for purpose, acceptable quality, matching description), prohibits misleading or deceptive conduct under section 18, regulates unfair contract terms in standard form consumer contracts, and provides manufacturer and supplier liability for defective goods. Consumers can seek remedies through QCAT (up to $25,000), the Magistrates Court, or the ACCC.

Yes, under the ACL consumer guarantees, our team helps clients seek remedies for goods that are of unacceptable quality, not fit for purpose, or do not match their description. Consumers are entitled to a refund, replacement, or repair depending on the nature of the failure.

Our team helps clients with matters under section 18 of the ACL prohibits a person in trade or commerce from engaging in conduct that is misleading or deceptive or likely to mislead or deceive. This covers false advertising, incorrect pricing, misleading product descriptions, dishonest representations about quality or features, and silence where there is a duty to speak. In Queensland, claims can be brought in the Federal Court, the Supreme Court of Queensland, or the District Court. Remedies include damages, injunctions, declarations, and corrective advertising orders.

Under the ACL, unfair contract terms in standard form consumer or small business contracts are prohibited. Our team reviews contracts to identify and challenge unfair terms. A term is unfair if it causes a significant imbalance, is not reasonably necessary, and would cause detriment. The term is void if declared unfair.

Product liability claims, which our team handles, are governed by the ACL and common law. Product liability claims in Queensland are governed by the ACL (for defective goods) and the common law of negligence (for injuries caused by defective products). Under the ACL, manufacturers are liable for damages if goods have a safety defect. Claims can be brought against the manufacturer, importer, or distributor. You must prove the product was supplied in trade or commerce, the product had a defect, the defect caused loss or damage, and the damage was reasonably foreseeable. Strict time limits apply: claims must be brought within 3 years of becoming aware of the defect and within 10 years of the supply of the goods.