Competition and Consumer Law
Our lawyers have extensive experience in competition and consumer law. Hugh & Associates regularly undertakes compliance training for its clients covering restrictive trade practices as well as the Australian Consumer Law made under the Competition and Consumer Act, 2010. We have developed tailored compliance programmes and manuals to meet the specific business needs of our clients. These programmes include precedent policies, protocols and procedures dealing with issues such as complaints handling, safety standards and defect warranty recording and management.
Hugh & Associates provides practical commercial advice and representation in proceedings under the Competition and Consumer Act, 2010 and state fair trading laws. Robust representation in and management of inquiries, investigations, prosecutions and proceedings in all jurisdictions involving the Australian Competition and Consumer Commission or a Fair Trading Department can significantly contribute to securing a negotiated outcome and minimise the disruption of a client's business.
Our experience also extends to drafting commercial documents addressing the relatively new requirements of the Competition and Consumer Act . Trading terms, refund and warranty policies may require mandatory information prescribed by legislation. Our article "Warranties Against Defects - A Problem for Everyone in the Supply Chain" highlights some of the compliance burdens faced by suppliers to consumers.
We can assist in:
• acting and advising in relation to consumer claims in the NSW Civil and Administrative Tribunal
• drafting or reviewing terms and conditions of trade to ensure compliance with Competition and Consumer Act 2010 and the Australian Consumer Law
• inquiries, investigations and prosecutions under the Competition and Consumer Act, 2010
• mediation services for franchising and other disputes
• negotiating enforceable undertakings with the ACCC
• preparation of claims handling and procedures manuals for litigated consumer claims
• preparing trade practices compliance manuals and programmes
• prosecuting or defending legal proceedings for misleading or deceptive conduct and unconscionable conduct
• providing trade practices compliance training
• resolving franchising disputes