Our Brisbane and Gold Coast commercial litigation team are experienced in all aspects of Consumer Protection & Trade Practices Disputes.
It is important for both consumers and businesses to understand their rights and obligations arising from transactions to buy or sell products and services. Ideally, advice is sought and considered whenever commercial transactions are being contemplated by any party.
Both individuals and companies conducting business can experience loss and damage associated with misleading and/or deceptive conduct, unconscionable conduct, misrepresentation or other conduct pursuant to the Competition and Consumer Act 2010 (Cth) and state fair trading legislation, including defective goods and goods that are not fit for purpose.
Our expertise in this area includes:
Consumer protection, misleading and deceptive conduct and misrepresentation
Unfortunately, disputes arise in the course of day to day business activities resulting from one or more parties failing to fulfil their obligations, or misrepresenting the circumstances around a particular transaction or product.
Our firm has experience in both bringing claims and defending claims for misleading and deceptive and/or other unlawful conduct pursuant to the Australia consumer law and state fair trading legislation. We can assist with any competition or consumer disputes or claims, whether these arise from property, business or other commercial transactions.
Unfair contract terms
The Courts have far reaching jurisdiction to set aside contracts or strike out offending terms of contracts if they are deemed to be unfair contracts or unfair terms. This means that consumer contract terms can be treated as if they never existed in the first place. This applies to consumer contracts and contracts in relation to financial products.
If you are concerned that a term in your contract may be unfair, or that a contract in its entirety is unfair, we invite you to contact our team of expert commercial lawyers who can guide you through your rights and options in relation to the contract.
Unconscionable conduct and duress
At the very heart of the Commonwealth and state legislation governing trade practices, there is a fundamental duty that contracting parties may not engage in conduct that is unconscionable or unfair towards another party. If you have suffered some loss at the hands of a business that has provided you with a faulty product or service that you consider is not of a suitable standard, or if you consider you were induced into a contract under duress, there are important steps and notices that you must provide in order to protect your interests. Our team of experienced lawyers can assist you to navigate this process, protect your rights and achieve your desired outcome.
Restraints of trade
Our firm frequently acts in relation to disputes arising from restraint of trade provisions in commercial contracts and employment contracts. We have had significant success in the enforcement of and challenge of restraints of trade in the District and Supreme Courts of Queensland.
Generally, the Courts will not allow unreasonable restraint of trade provisions to be enforced. Given our firm’s vast experience in these disputes, we also regularly advise our clients in relation to the implementation of restraint provisions which are more reasonable and more likely to be considered by the Courts as enforceable.
Our Lawyers specialising in Business Disputes
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