The Trade Practices Act 1974 (Cth) ('the TPA') is the principal source of consumer protection and product liability laws at Federal level.  Increasingly, the TPA is being employed at Federal level as the principal method of providing for consumer protection through the elimination of unfair trading practices and the regulation of product safety.  The Consumer Protection and Product Liability provisions of the TPA contribute significantly to Australia's dynamic National Competition Policy.

Accordingly, the object of this elective is to introduce the Consumer Protection and Product Liability provisions of the TPA.  This will involve a consideration of the role and function of consumer protection and product liability laws as part of Australia's National Competition Policy, misleading and deceptive conduct and its most common forms including silence, comparative advertising, passing off, sale of businesses, breach of contract and franchising industry issues, various forms of false conduct, "special" areas of consumer concern such as pyramid selling and false claims for payments, conditions and warranties implied into consumer contracts by the TPA including the status of ‘No Refund' policies, unconscionable conduct, Industry Codes of Conduct with an examination of the franchising industry, product liability, remedies under the TPA including damages, injunctions and other orders and enforcement of the Consumer Protection and Product Liability provisions of the TPA by the Australian Competition and Consumer Commission.

This course examines the consumer protection and product liability regime established by the Trade Practices Act 1974 (Cth).  Students will examine the extent to which the Act regulates almost all areas of commercial interaction between corporations and consumers and provides for significant remedies in the event of a breach.  The Act is contrasted with both equitable and common law causes of action to demonstrate the extent to which the Act has become the principal avenue for the pursuit of consumer protection issues.  Special attention will be paid to identifying the most common forms of consumer "scams" including chain-letter schemes, pyramid selling schemes and inertia selling. 

Students will examine how the Act impacts on other areas of consumer dealings including the various State Fair Trading Acts, as well as specific industries such as the Franchising Industry.  In the tutorial program, students will critically evaluate various consumer protection issues and create sound arguments for the resolution of those issues.  As part of this process, students will be introduced to the enforcement agenda of the Australian Competition and Consumer Commission ("ACCC"), its investigative powers and the various orders and remedies it can seek.

At the conclusion of the course, students will be able to identify the role and function of the TPA in Australia's consumer protection and product liability regime, be able to identify the principal forms of consumer protection provided for by the Act, identify the substantive law relating to each area of consumer protection law, understand the special enforcement issues associated with particular forms of consumer scams, critically evaluate the causes of action provided by the TPA in the context of other legal and equitable causes of action available, understand the role and function of the ACCC as the principal regulator of Australia's Consumer Protection and Product Liability regime, and understand the various remedies and orders that are available in the event of a breach of the Act.

The proposed means of assessment for this course will provide students with the option of undertaking at least two pieces of assessment, including one piece during the semester.  Details of the final assessment will be provided on the course home page by the first week of semester.

Completed or completing five LAWS courses at 1000 level.

Please refer to course outline on the LAWS2259 course home page.