Australian Consumer Law
Commentary and Materials
By: Stephen G. Corones, Philip H Clarke
"The Australian Consumer Law came into operation on 1 January 2011 as a single national law. It replaced 17 different pieces of Commonwealth, State and Territory legislation relating to consumer protection. Its introduction meant that for the first time, consumers throughout Australia had the same rights and remedies and correspondingly, businesses had the same obligations and responsibilities towards consumers without the barrier of confusing and expensive local variations in the law. Australian Consumer Law: Commentary and Materials contains up-to-date material on the Australian Consumer Law, and in particular the fifth edition incorporates: a revised treatment of unconscionability, taking account of the changes to Part 2-2 of the ACL that became effective in 2012; other State and Federal provisions relating to unfair terms and cases such as Kakavas v Crown Melbourne, ACCC v Lux Distributors, Director of Consumer Affairs v Scully and PT Ltd v Spuds Surf; a comprehensive treatment of the impact of Google v ACCC, Forrest v ASIC and ACCC v TPG - the trilogy of decisions that provide the most recent insights into the High Court's thinking on aspects of the prohibitions of misleading conduct in the ACL and the Corporations Act 2001; numerous decisions of note; and the possible impact of the Harper Review. Some of the new cases discussed in this edition include the following: ACCC v Fisher & Paykel Customer Services Pty Ltd (requirement to pay for a contractual right); ACCC v Apple Pty Limited (misleading conduct concerning the nature of goods); Business and Professional Leasing Pty Ltd v Dannawi (definition of consumer); Zhang v United Auctions (guarantee of acceptable quality); Cary Boyd v Agrison Pty Ltd (Civil) (guarantee of fitness for purpose); Engine Imports v Diesel and Industrial Engine Spares (manufacturer's and supplier's express warranties); Carroll v Pollock Wholesale Pty Ltd (remedies for major failure); Weir v Geelong Grammar School (Civil Claims) (damages for consequential loss); ACCC v Allergy Pathway Pty Ltd (No 2) (social media site liability); Malam v Graysonline, Rumbles Removals and Storage (unfair terms - no liability clauses); Peterson v Merck Sharpe & Dohme (Aust) Pty Ltd (safety defect and state of the art defence); ACCC v South East Melbourne Cleaning Pty Ltd (in liq) (civil pecuniary penalties); Valcorp Australia Pty Ltd v Angas Securities Ltd (contributory negligence)."--Publisher's website.
AI Overview
The book "Australian Consumer Law: Commentary and Materials" is a comprehensive legal resource written by Stephen G. Corones and Philip H. Clarke. Here is a detailed overview of the book:
Key Themes
- General Prohibition of Misleading or Deceptive Conduct: The book covers the fundamental prohibition against misleading or deceptive conduct, a cornerstone of the Australian Consumer Law (ACL).
- Specific Protections Against Unfair Practices: It delves into specific protections against unfair practices, including unconscionable conduct and unfair contract terms.
- Consumer Guarantees and Product Safety: The book provides detailed coverage of consumer guarantees and product safety, including liability aspects.
- Private and Public Remedies: It includes a thorough examination of both private and public remedies available under the ACL, as well as enforcement powers.
Plot Summary
The book is not a narrative but a commentary and materials guide. It is structured to provide an up-to-date and comprehensive treatment of all key provisions in the Australian Consumer Law. Each chapter is designed to delve into specific areas of consumer law, making it an essential resource for both students and practitioners in this field.
Critical Reception
The book has received positive reviews for its thorough revision and update to incorporate new developments in consumer law. Key updates include:
- Expansion of Unconscionable Conduct Provisions: The protection of ACL’s unconscionable conduct provisions has been expanded to public corporations.
- Increased Consumer Protection: The monetary threshold for determining who is a “consumer” has been raised to $100,000, providing increased protection for consumers and businesses.
- Implementation of Recommendations: The book reflects the implementation of key recommendations from the 2017 Australian Consumer Law Review, including higher maximum penalties for contraventions and wider powers for the ACCC to obtain information.
- Landmark Cases: It includes detailed analysis of landmark new cases such as Gill v Ethicon, ACCC v Fuji Xerox, Moore v Scenic Tours, ACCC v Employsure, Vautin v BY Winddown Inc, and Capic v Ford Motor Company of Australia Pty Ltd.
The book is widely regarded as an essential resource for anyone involved in Australian consumer law, given its comprehensive coverage and expert commentary.