Australia: Consumer Trading & Unfair Trading

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.

Australia's parliament has passed legislation doubling maximum penalties under competition and consumer law, raising civil and criminal fines to AU$100 million per contravention. What will these enhanced enforcement powers mean for businesses operating under the Competition and Consumer Act, and how should companies prepare for the upcoming unfair trading practices reforms set to take effect in July 2027?

The general prohibition would introduce new concepts into the ACL for which there is no existing case law or guidance.

The importer of electrical goods which is not involved in the manufacturing or design of those goods does not necessarily owe a duty of care to end consumers

Understanding how Australian privacy and spam laws affect your direct marketing is the best way to avoid legal complaints.

Recent developments have reflected the ACCC's priorities and have shown its preparedness to take concerted action against businesses for breaches of the Competition and Consumer Act 2010 (Cth) ('CCA').

The corporation misled investors when it claimed that the fund invested in environmentally and socially beneficial projects.

Misleading or deceptive conduct when acting for and on behalf of a company can give rise to personal liability.

Businesses that use trademarks to promote environmental credentials, must be able to substantiate those claims.