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When it comes to consumer law, having a knowledgeable legal team is essential. We are experts in tackling a range of consumer-related legal challenges, from individual claims to broader issues. Our approach combines detailed legal knowledge with a practical understanding of consumer rights and regulations. Trust us to provide expert guidance and robust solutions to effectively address and resolve your consumer-related legal matters.
Melissa Care
Senior Associate
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Understanding Consumer Issues and Claims
The Competition and Consumer Act 2010 and laws relating to consumer rights provide Australians who are consumers of goods and services in Australia with certain rights if they have purchased goods and services which have not met certain provisions and guarantees. The Australian Consumer Law applies to all businesses that operate Australia wide.
If you are a consumer and you believe your consumer rights have been breached, you may make a consumer protection complaint. All Australian Courts and Tribunals enforce the Australian Consumer Law. However, there are also federal and state/territory consumer regulators that administer the rights and protections. These organisations include at Federal level, the Australian Competition and Consumer Commissioner and in New South Wales, Fair Trading.
There are a number of prohibitions under the Australian Consumer Law including:
- That a business in trade or commerce must not be misleading and deceptive in its conduct;
- Unconscionable conduct in trade or commerce is banned;
- That unfair contract terms are banned including terms which cause an imbalance of power between the contracting parties.
In addition, the Australian Consumer Law provides guarantees regarding the supply of goods and services, including, but not limited to:
- The products are safe;
- The products are fit for purpose
- The products are free of fault
- The products match the description
- The products are provided with a clear title
- The services are provided with adequate care and skill
- The services achieve the results promised and agreed
- The services are provided within a reasonable time.
If a consumer successfully makes a claim against a business for breach of the Australian Consumer Law, the consumer may be entitled to compensation for the loss suffered. Further, penalties may apply to the business that has breached the consumer laws.
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What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer / Conveyancer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer / Conveyancer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer / Conveyancer will outline any final actions or considerations.
Introducing Melissa
Your Experienced Lawyer
Meet Melissa, a Senior Associate at Coutts Lawyers & Conveyancers, and the head of our esteemed Commercial Litigation teams. With more than a decade under her belt, Melissa is renowned for her clarity in communication, ensuring clients comprehend every aspect. Her confident and efficient problem-solving approach, coupled with cost-effectiveness, marks her as a top authority in Commercial Litigation.
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Consumer Issues & Claims FAQs
Common consumer issues include defective products, false advertising, billing disputes, breaches of warranty, unfair business practices, and issues related to consumer rights, such as the right to return goods.
To file a consumer claim or complaint, you can typically start by contacting the company directly to seek resolution. If that doesn’t work, you can file a complaint with relevant consumer protection agencies or organisations.
Consumer rights related to product returns and refunds often vary by jurisdiction and product type. However, common rights include the ability to return defective products, cancel certain contracts within a cooling-off period, and receive a refund or replacement for faulty goods.
If you believe you have been a victim of consumer fraud or a scam, you should report it to relevant authorities, such as your local consumer protection agency, or the appropriate regulatory body in your jurisdiction. You should also consider contacting your financial institution to prevent further unauthorised transactions.
Yes, you may have the option to pursue legal action against a company that has violated your consumer rights or caused you financial harm. You can consult with Coutts who has experience in consumer protection or contract law to explore your legal remedies and determine the best course of action.
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