Australia: Consumer Law

For most people who buy one, buying a franchise in Australia is among the largest financial commitments they will ever make. It is also a decision usually reached with enthusiasm already formed: by the time a prospective franchisee begins serious evaluation, they have generally decided the opportunity is attractive. Careful evaluation is not there to displace that enthusiasm but to test it, so that the commitment is one you have examined rather than assumed.

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

A Federal Court decision examines the ownership of intellectual property rights in the "Blue Carbon Lab" brand, exploring whether goodwill and trademark ownership belonged to Deakin University or to Professor Peter Macreadie who conceived the lab's name and logo. The case addresses critical questions about institutional ownership of research brands, the indivisibility of goodwill, and the standards for assessing bad faith in trademark applications when employees leave academic institutions.

Misrepresentation in commercial contracts can expose businesses to significant legal and financial consequences, particularly where inaccurate statements, misleading disclosures, or unrealistic forecasts induce entry into a transaction. Under Australian law, parties may pursue remedies through both common law misrepresentation claims and statutory misleading or deceptive conduct provisions under the Australian Consumer Law, with potential outcomes including rescission, damages, and compensation orders.

This is a significant result for registered rights owners and for the law of trade marks in Australia, affirming the protection afforded to registered trade mark holders against concurrent users who cannot demonstrate...

From 1 October 2026, Visa, Mastercard and eftpos can ban businesses from adding surcharges to card transactions, enforced through merchant agreements.

The Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Cth), released by the Federal Government this month will amend the Australian Consumer Law to prohibit...

As it had foreshadowed, the Australian Government has released an exposure draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026 (Bill).

Case example where we acted for a consumer who successfully obtained a full refund for a defective second-hand car.