Australia: Consumer Protection

A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.

Understanding how long unpaid debts remain on Australian credit reports is crucial for managing financial reputation and planning recovery from financial difficulty. This comprehensive guide examines retention periods for defaults, court judgments, bankruptcy information, and other credit listings, while explaining the regulatory framework that governs credit reporting in Australia.

This edition of the K&L Gates Competition and Consumer Law Round-Up examines recent enforcement actions by the Australian Competition and Consumer Commission, including greenwashing allegations, misleading pricing investigations, and record penalties for horticulture code breaches. The newsletter also covers significant merger reviews, authorisations for industry collaborations, and emerging regulatory developments affecting digital platforms and supply chain disruptions.

Australian businesses face dramatically increased penalties for competition and consumer law breaches, with corporate fines now reaching $50 million and individual penalties rising to $2.5 million. The unfair contract terms regime has been strengthened with new pecuniary penalties applying for the first time, creating urgent compliance obligations for businesses using standard form contracts. Companies that have not yet audited their contracts against these expanded obligations are now operating at signific

On 14 May 2026, the Federal Court of Australia (the Court), in a prosecution commenced by the Australian Competition and Consumer Commission (ACCC), found that Coles Supermarkets Australia Pty Ltd (Coles)...

The Federal Court of Australia has ruled that Coles Supermarkets' 'Down Down' promotional pricing was misleading to consumers, despite the advertised prices being factually accurate. The case examines whether temporary price increases followed by promotional discounts constitute genuine savings, and establishes critical standards for how long a higher price must be maintained before retailers can legitimately advertise it as a discount reference point.

A contractor agreement determines who pays when work goes wrong. Independent contractors carry their own commercial risk, unlike employees, so the agreement allocates that risk in detail. Liability commonly arises from breach of contract, intellectual property infringement, and breaches of confidentiality. Indemnities, liability caps and insurance requirements are the three tools that allocate it. Australian law puts limits on that allocation. Consumer guarantees under the Australian Consumer Law apply automatically, and no contract can exclude them.

The Full Federal Court of Australia has handed down its appeal decision in Aldi Foods Pty Limited v Hampden Holdings I.P. Pty Limited [2026] FCAFC 103 which provides guidance regarding the application of copyright infringement principles to the packaging of look-alike products.

A plaintiff was awarded $15.2 million in damages against a local council after sustaining catastrophic spinal injuries as a result of jumping over a fence at cricket training.

Understanding how long unpaid debts remain on Australian credit reports is crucial for managing financial reputation and planning recovery from financial difficulty. This comprehensive guide examines retention periods for defaults, court judgments, bankruptcy information, and other credit listings, while explaining the regulatory framework that governs credit reporting in Australia.

When a borrower defaults on a loan, does the lender have an immediate right to repossess property or force a sale? This article examines the negotiation options available to borrowers after loan default, the statutory protections under the National Credit Code, and the enforcement rights and obligations of lenders under Queensland's Property Law Act 2023.

A possession claim is a court proceeding brought by a lender seeking possession of mortgaged property after a borrower defaults on their loan obligations. In Queensland, possession proceedings are governed by a combination of the mortgage contract, the Uniform Civil Procedure Rules 1999 (Qld), the Property Law Act 2023 (Qld), and, for regulated consumer loans, the National Consumer Credit Protection Act 2009 (Cth) and National Credit Code.