What is the Australian Consumer Law?

The Australian Consumer Law (ACL) is a national law that applies to all businesses operating in Australia. It covers consumer guarantees for goods and services, misleading and deceptive conduct, unfair contract terms, product safety and unconscionable conduct. It is enforced by the ACCC at the federal level and by Consumer Affairs Victoria at the state level.

What are consumer guarantees?

Consumer guarantees are automatic rights that apply to goods and services sold to consumers — they cannot be excluded by contract. Key guarantees include that goods are of acceptable quality, fit for the purpose they were sold for, match their description and come with clear title.

What is misleading or deceptive conduct?

Misleading or deceptive conduct is conduct that leads, or is likely to lead, a person into error. It includes false advertising, misleading product descriptions, false statements about price or origin, and deceptive sales practices. It does not require an intention to mislead — the effect of the conduct is what matters.

Can a business exclude consumer guarantees in their terms and conditions?

No. Consumer guarantees under the ACL cannot be excluded, restricted or modified by contract. Any term in a contract that purports to exclude consumer guarantees is unenforceable. However, for commercial buyers — not consumers — different rules apply and rights can be modified.

What is the Australian Consumer Law?

The Australian Consumer Law (ACL) is a national law that applies to all businesses operating in Australia. It covers consumer guarantees for goods and services, misleading and deceptive conduct, unfair contract terms, product safety and unconscionable conduct. It is enforced by the ACCC at the federal level and by Consumer Affairs Victoria at the state level.

What are consumer guarantees?

Consumer guarantees are automatic rights that apply to goods and services sold to consumers — they cannot be excluded by contract. Key guarantees include that goods are of acceptable quality, fit for the purpose they were sold for, match their description and come with clear title.

What is misleading or deceptive conduct?

Misleading or deceptive conduct is conduct that leads, or is likely to lead, a person into error. It includes false advertising, misleading product descriptions, false statements about price or origin, and deceptive sales practices. It does not require an intention to mislead — the effect of the conduct is what matters.

Can a business exclude consumer guarantees in their terms and conditions?

No. Consumer guarantees under the ACL cannot be excluded, restricted or modified by contract. Any term in a contract that purports to exclude consumer guarantees is unenforceable. However, for commercial buyers — not consumers — different rules apply and rights can be modified.

Business, Commercial & Disputes

Consumer law & ACL: know your rights, protect your business.

The Australian Consumer Law provides significant protections for consumers and significant obligations for businesses. Orange Legal Group advises both sides — helping consumers enforce their rights and helping businesses avoid costly ACL breaches.

ACL

Australian Consumer Law

ACCC

& Consumer Affairs VIC

VIC

Victoria wide

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Discuss Your Matter

Confidential consultation

About This Practice Area

Consumer Law Goes Both Ways

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) is one of the most powerful pieces of legislation in commercial life. It imposes strict obligations on businesses dealing with consumers — and provides real remedies for consumers who have been misled, sold defective goods or treated unfairly.

Orange Legal Group advises businesses on ACL compliance — reviewing marketing materials, terms and conditions and sales practices to minimise exposure. We also advise and represent consumers whose rights have been breached.

We also advise on Consumer Affairs Victoria investigations, ACCC inquiries and the relevant complaint and enforcement processes.

What We Help With

Misleading or deceptive conduct claims under the ACL

False representations: price, quality, origin, endorsements

Consumer guarantees: goods fit for purpose, acceptable quality

Defective products and product liability

Unfair contract terms: identifying and removing unfair terms

Unconscionable conduct claims

ACL compliance advice for businesses

ACCC and Consumer Affairs Victoria investigations

The ACL applies to businesses and individuals acting in trade or commerce — not just large corporations. Small businesses are equally bound by its requirements.

What We Handle

The Disputes We Handle

Misleading Conduct

Claims involving false or misleading statements in advertising, marketing, product descriptions and negotiations.

MisleadingDeceptiveAdvertising

Consumer Guarantees

Enforcing or defending consumer guarantee claims for goods that are not of acceptable quality, not fit for purpose or not matching description.

Consumer guaranteeFit for purposeAcceptable quality

Defective Products

Claims arising from goods that cause loss or damage — including product liability and safety standard breaches.

Product liabilitySafety standardsDefective goods

Unfair Contract Terms

Identifying unfair terms in standard form contracts and advising on challenge or revision.

Unfair termsStandard formChallenge

Unconscionable Conduct

Claims involving conduct that is against good conscience — including high-pressure sales, exploitation of vulnerability and undue advantage.

UnconscionableHigh pressureExploitation

ACL Compliance

Reviewing business marketing, sales practices and contract terms for ACL compliance — before a complaint or investigation arises.

ComplianceReviewAudit

Our Process

How We Handle Your Matter

Assessment

We assess the conduct in question and advise on whether an ACL breach has occurred or is at risk.

Evidence

We identify the relevant evidence and advise on its strength and the likely outcome of any proceedings.

Demand / Defence

We issue a formal demand or defend the claim — depending on which side of the dispute you are on.

Negotiation

We negotiate a resolution — often including a refund, remedy or agreed settlement.

Proceedings

Where negotiation fails, we represent you before VCAT, Consumer Affairs Victoria or the courts.

Why Choose Us

The Orange Legal Difference

Both Sides

We act for both consumers and businesses — giving us a thorough understanding of both perspectives and the strongest possible position on either side.

ACL Compliance

We help businesses get ahead of potential ACL liability — reviewing terms, marketing and practices before problems arise.

Practical Remedies

We focus on practical outcomes — refunds, replacements, compensation or revised terms — rather than prolonged proceedings.

Government Investigations

We advise businesses subject to ACCC or Consumer Affairs Victoria inquiries — protecting your rights throughout the investigation process.

Common Questions

Frequently Asked Questions

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ACL question or complaint?

Whether you are a consumer seeking to enforce your rights or a business managing a compliance issue — Orange Legal Group provides clear, practical advice.

Book a Consultation

Or call us: 03 8330 5983