Strict rules exist in Australia that businesses must comply with when selling goods and services, and if these are not adhered to then you face severe penalties and potential court action if you do not comply.
Should you ever find yourself in a position where you have not complied with the relevant legislation and you are faced with penalties or a court proceeding, Kingsford Lawyers has the knowledge and experience to assist you in navigating through this process and to provide you with proper advice throughout. Further, in preventing potential breaches from occurring, we can also assist with the preparation of the relevant documents and procedures relevant documentation for our clients for you to implement in your business practices to avoid these types of issues from arising.
We assist in consumer dispute matters in all Australian jurisdictions. Consumer disputes are governed nationally in all states and by the Australian Consumer Law (ACL) and are enforced jointly by the Australian Competition and Consumer Commission (ACCC) and the relevant State and Territory consumer protection agencies. The governing body relating to financial services the Australian Securities and Investments Commission (ASIC) will enforce the ACL.
The ACL provides:
The ACCC and ASIC provide a basic understanding of a business’s obligation under the ACL, but it is always recommended that if you trade to these circumstances then you should have an in-depth understanding of your obligation to minimise a dispute arising, Kingsford Lawyers can offer in-depth advice on:
If a business makes a statement in trade or commerce that is misleading or deceptive or is likely to mislead or deceive such as failing to disclose information or wrong impressions of the price, value, or quality of a product, then this is an offence and the maximum fine is $220,000 for an individual and $1.1 million for a corporation. This is an example of why it’s important you understand your obligations under the ACL.
Conduct includes:
If a dispute arises, we recommend you seek advice from an experienced commercial lawyer in the early stages of the dispute so that key issues can be addressed and the potential for quick settlement can occur. Kingsford Lawyers are highly skilled in negotiation tactics and will aim to reach a settlement without the potential of expensive litigation.
Civil remedies that exist include:
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