There have been some significant changes to consumer in law in Australia in the last three years. One significant change was to introduce the Australian Consumer Law within the Competition and Consumer Act 2010 (Cth). In particular was the introduction of s 18 of the ACL and its application to misleading contracts and further to misleading conduct by individuals.
You are to write an assignment on the topic of s 18 of the ACL. In your assignment you are to address the following:
• What is the application of the ACL in Australia? How was the introduction of new legislation important for the whole of Australia? Is the legislation state or Commonwealth legislation?
• How is the legislation different to what existed previously, eg in relation to companies and natural persons, and its application on various transactions?
• What kind of behaviour can be considered to be misleading, eg if you say nothing? Or what if you believed something which turned out not to be true?
• What are the limitations of s 18 under the ACL, and indeed the ACL itself? Are all transactions between individuals covered by this legislation?
• Does state law still apply? If so how?
• Does the common law still apply to consumer transactions? If so how?
• What are the remedies for breach of s 18 of the ACL?
• Is there anything else that you believe is relevant to this topic?
• The report must be by answering the Questions and for each Question has to be referencing system within text.
• Each question has to be answered in a paragraph.
• There should also be a conclusion and a small introduction 3-4 sentences.