This course investigates the new Australian Consumer Law (“the ACL”) regime that became effective on 1 January 2011.  The Trade Practices Amendment (Australian Consumer Law) No 2 Act 2010 (Cth) introduced a comprehensive national consumer protection and product liability law regime.  The variety of consumer protection statutes throughout Australia such as the Fair Trading Acts and Door to Door Sales Acts were entirely replaced by the ACL.

In particular, the former Trade Practices Act 1974 (Cth) was replaced by the Competition and Consumer Act 2010 (Cth) (“the CCA”) that contains the ACL.  Accordingly, the CCA, the ACL and the various State and Territory application legislation are now the principal sources of consumer protection and product liability law throughout Australia.

The object of this elective is to introduce the Australian Consumer Law as it is applied as a law of the Commonwealth and as a law of the States and Territories.  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 ACL 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 CCA including damages, injunctions and other orders and enforcement of the Consumer Protection and Product Liability provisions of the CCA by the Australian Competition and Consumer Commission.

This course examines the consumer protection and product liability regime contained in the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth).  Students will examine the extent to which the CCA regulates almost all areas of commercial interaction between corporations and consumers and provides for significant remedies in the event of a breach.  The CCAt 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 CCA impacts on other areas of consumer dealings in 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 ACL and the CCA in Australia's consumer protection and product liability regime, be able to identify the principal forms of consumer protection provided for by the CCA, 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 ACL 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 ACL.

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.

 Three hours per week (Lecture - 2 hours, Tutorial - 1 hour)

Contracts LAWS1204.

Completed or completing five LAWS courses at 1000 level.

Alex Bruce; Consumer Protection & Product Liability Law in Australia 2010, LexisNexis Butterworths, Sydney, Australia.