In this Legal Update, Stephens Lawyers & Consultants looks at three (3) major risk areas faced by businesses for breach of the Australian Consumer Law which arise out of the ACCC’s 2025-26 compliance and enforcement priorities and offers guidance on some steps that businesses can consider implementing to minimise risk of non-compliance with the Australian Consumer Law.
Read moreRecent cases show that failure by businesses to ensure that environmental sustainability marketing claims are accurate can result in legal action being taken by regulators for false representations and misleading and deceptive conduct exposing the company and its directors to significant penalties and compensation claims.
Read moreAustralia’s competition law is complex. Metaverse platforms that are registered as a business, company or foreign entity in Australia or are carrying on business within Australia will have to comply with the Competition and Consumer Act 2010 (Cth). Competition law risk assessments should be undertaken before doing business in Australia to ensure compliance with the law and minimise the risk of significant penalties.
Read moreThe consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
Australia’s competition and consumer watchdog, the Australian Competition and Consumer Commission (‘ACCC’), has issued its 2024/25 Compliance and Enforcement Policy and Priorities. The ACCC’s 2024-25 priorities and focus reflect that cost of living issues and the digital economy are key challenges facing Australia’s economy and community.
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