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Vol 23 No 5 May/June 2018

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This book is now Out of Print.
A new edition is due, details can be seen here:
Australian Consumer Law: Commentary & Materials 6th ed isbn 9780455240992

Australian Consumer Law: Commentary & Materials 5th ed

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ISBN13: 9780455234427
New Edition ISBN: 9780455240992
Published: June 2015
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: Out of print

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 5th edcontains 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).

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Other Jurisdictions , Australia
1. Scope and Policy Objectives
2. Key Concepts

General Consumer Protections
3. The Nature of Misleading or Deceptive Conduct
4. Conduct which may be Misleading or Deceptive
5. Advertising
6. Unconscionable Conduct
7. Unfair Terms

Specific Consumer Protections
8. False or Misleading Representations etc
9. Other Specific Practices
10. Consumer Guarantees Regime
11. Consumer Guarantees for Goods
12. Consumer Guarantees for Services
13. Remedies for Consumer Guarantees
14. Consumer Agreements
15. Industry Codes
16. Financial Services and Financial Products
17. Electronic Commerce

Product safety and product liability

Safety of Consumer Goods and Product Related Services
18. Liability of Manufacturers for Goods with Safety Defects

19. Vicarious, Accessorial and Employee Liability
20. Public Remedies
21. Private Remedies