Trade Practices & Australian Consumer Law

Williams + Hughes has acted for various businesses and individuals in trade practices claims under the Australian Consumer Law provisions in the Competition and Consumer Act 2010 (formerly, Trade Practices Act 1974), under the Sale of Goods Act 1895, and for misrepresentation at common law and in equity.

Our litigation team has advised clients, and brought and defended Federal Court and various State court action, relating to:

  • Misleading and deceptive conduct in business purchases; particularly as to trading figures, trading competition, or future profitability
  • Misrepresentations made in major acquisitions, such as the sale or acquisition of mining ventures, large-scale processing plants, and hotel developments
  • Claims of unconscionable conduct and other unfair trading practices
  • Disputes concerning manufacturers’ liability, fitness for purpose, and acceptable quality
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Our relevant experience includes:

  • Acted for purchasers of Western Australian franchise rights in Federal Circuit Court proceedings for misleading and deceptive conduct relating to the current success and projected future profits from the franchise business
  • Acted for a national property group in a successful Supreme Court appeal concerning quantification of damages for misleading and deceptive conduct
  • Acted for a caravan retailer in disputes concerning fitness for purpose and un-merchantable quality, and the liability of the manufacturer
  • Acted for national property group in Supreme Court proceedings alleging misleading and deceptive conduct in the sale of lots in a commercial estate development and the sale of retail shop units in a shopping centre
  • Acted for the franchisee of a national sportswear franchise in Federal Court proceedings alleging misleading and deceptive conduct relating to the acquisition of the franchise

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