Consumer Protection / Reports and Inquiries / Unconscionable Conduct / Unfair Terms

Senate Inquiry into Australian Consumer Law Part 2

On 18 March 2010 the Senate referred the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 for inquiry and report. This bill is the second stage in the introduction of a single national consumer law and includes  misleading or unconscionable conduct, unfair contracts and practices, consumer guarantees, unsolicited selling, information standards and product … Continue reading

Franchising / Reports and Inquiries / Unconscionable Conduct

Expert panel on franchising and unconscionable conduct appointed

The Government has appointed an expert panel on franchising and unconscionable conduct.  Dr Craig Emerson MP today announced the establishment of the expert panel.  The expert panel comprises Professor Bryan Horrigan, Mr David Lieberman and Mr Ray Steinwall. ‘The panel will provide advice to the Government on some outstanding issues raised in recent parliamentary inquiries … Continue reading

Franchising / Reports and Inquiries / Unconscionable Conduct

Unconscionable conduct provisions to be strengthened

The Government has announced that it will strengthen unconscionable conduct provisions in the TPA and the franchise code of conduct.  The Government has accepted the Senate Committee’s recommendations of the majority report, including adopting the ‘approach of clarifying existing provisions rather than creating uncertainty for consumers, businesses and the courts by changing the fundamental nature … Continue reading

Consumer Protection / Reports and Inquiries / Unfair Terms

Senate report on Consumer Law Bill

Last week the Senate released its lengthy report on the Trade Practices Amendment (Australian Consumer Law) Bill 2009 (quite a contrast to its flimsy little report on criminal cartel laws … but that is a separate issue) Chapter 10 contains the Committee’s views and recommendations on key issues: Uncertainty – Committee considered concerns that the … Continue reading

Consumer Protection / Reports and Inquiries / Unfair Terms

Statutory implied conditions and warranties issues paper released

Yesterday the Government released another issues paper Consumer rights: Statutory implied conditions and warranties This follows a long line of reviews and reports into trade practices legislation (competition and consumer) over the last 18 months which include: Cartel review of draft law by Treasury (2008 – no report released) Review on the meaning of Understanding … Continue reading

Franchising / Reports and Inquiries

Franchising Code of Conduct Options Paper Released

Today the government released an options paper, seeking comment on proposed amendments to the Franchising Code of Conduct. This is part of the government’s response to the report of the Parliamentary Joint Committee on Corporations and Financial Services inquiry into franchising (which the options paper states was tabled on 1 December 2009 – only a … Continue reading

Consumer Protection / Reports and Inquiries / Unfair Terms

Unfair Terms – Next Step Toward National Unfair Terms Law

Consumer Affairs Minister, Chris Bowen, today released a press release outlining further details for the implementation of national unfair term laws.  This follows the May 22 closing date for submissions on the draft legislation which has led to possible refinements that would set a threshold limit for the application of the laws of $2m and … Continue reading