$100,000 Penalty Issued to Andres & Co for Misleading and Unfair Business Practices

Co-Authored By Nicholas Carroll

KEY TAKEAWAYS:

• NSW Fair Trading has prosecuted the owner of wedding photography company Andres & Co.
• Andres & Co was convicted of 15 charges relating to breaches of Australian Consumer Law.
• The owner of Andres & Co have been ordered to pay $100,000 in fines and compensation to affected consumers.

NSW Fair Trading v Andres & Co

On 20 October 2025, NSW Fair Trading announced the successful prosecution of the owner of wedding photography company Andres & Co for 15 breaches of the Australian Consumer Law (ACL).

The breaches related to the acceptance of payments without supplying the promised goods or services, either within the agreed timeframe or at all. Additional complaints supporting the prosecution included allegations of poor-quality workmanship.

The court imposed a penalty exceeding $100,000, comprising $48,250 in fines and $51,760 in compensation to affected consumers.

This outcome sends a clear message that NSW Fair Trading will not hesitate to take strong enforcement action against businesses that exploit consumers or fail to meet their legal obligations. Businesses that engage in deceptive, unfair, or dishonest conduct will be held accountable.

What Business Owners Need to Know

Under the Australian Consumer Law (ACL), consumers are protected when purchasing goods and services in Australia. This legislation applies to all businesses, whether based in Australia or overseas, that supply products or services to Australian consumers. There are two key areas of the ACL raised in the present case: consumer guarantees and unfair business practices.

Consumer guarantees are a set of automatic rights provided to consumers when they purchase goods or services. These guarantees ensure that:

Goods must be:

• of acceptable quality,
• match their description,
• meet any promises or representations made, and
• be fit for the purpose the consumer was told they would serve.

Services must be:

• delivered with due care and skill,
• fit for the intended purpose, and
• completed within a reasonable timeframe.

These rights cannot be excluded, restricted, or modified by contract or store policy. Businesses must honour these guarantees and provide remedies such as a refund, replacement, or repair when goods or services fail to meet them.

The ACL also prohibits a range of unfair business practices, including:

• Misleading or deceptive conduct – making false or misleading claims about a product or service.

• Unconscionable conduct – engaging in conduct so harsh that it goes against good conscience, especially where a significant power imbalance exists.

• Unfair contract terms – including terms in standard form consumer or small business contracts that cause significant imbalance, are not reasonably necessary, or would cause detriment if relied upon.

Businesses must ensure that their advertising, sales practices, and contract terms comply with the ACL. As illustrated in the present case, failure to do so can result in legal action, penalties, and damage to reputation.

Businesses providing goods and services to consumers must be aware of their ongoing obligations under the ACL. Failure to comply with your obligations may have paramount consequences for your business, including financial impact as well as reputational damage.

Our Commercial and Litigation & Disputes Team here at Coutts are able to provide you with advice regarding your ACL obligations or assist you if a claim or dispute is on foot. If you are a business in need, reach out to our Team of experts.

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