Legal Insights

In a pivotal case for consumer rights, the Federal Circuit Court of Australia ruled against Kimberley Discovery Cruises in Ferme & Ors v Kimberley Discovery Cruises Pty Ltd [2015] FCCA 2384. The court found that the ‘no refund’ clause in their holiday cruise contract was unfair under the Australian Consumer Law.

Unfair contract terms create an imbalance of rights and obligations, often disadvantaging one party. These terms are generally unenforceable in Australia. On 22 March 2024, the Federal Court ruled that the duty to notify Auto & General Insurance about ‘anything’ is not unfair under the ASIC Act, marking a significant decision in insurance contracts.

A recent decision of the NSW Supreme Court in Dwyer v Volkswagen considered the standard of acceptable quality required for passenger vehicles under the Australian Consumer Law. This case confirms that a high standard of acceptable quality is expected for all vehicles, regardless of their price.

Learn about your consumer guarantees and rights for defective products and services under the Australian Consumer Law . Understand what constitutes a defective product or service, the remedies available, and the steps to take if you encounter issues.

Learn about major failures for motor vehicles under the Australian Consumer Law (NSW). Understand your rights, remedies, and the steps to take if you experience significant defects or safety issues with your vehicle. Contact Arida Lawyers for assistance.

Explore the Griffiths v LMM Holdings case, focusing on contractual commitments and the Australian Consumer Law concerning misleading and deceptive conduct. 

The case of Dwyer v Volkswagen offers critical insights into consumer law, emphasising "acceptable quality," manufacturer defences, damage assessments, third-party implications, and the evolving dynamics of consumer rights and responsibilities in Australia.

Explore the recent amendments to the Australian Consumer Law and understand how they impact business contracts. Safeguard your business with insights on avoiding penalties tied to unfair contract terms.

This decision underscores the enforcement of consumer rights in Australia, addressing misleading advertising and the delivery of products that fail to meet the promised standards and quality.

In the realm of contract law, the delineation between enforceable terms and penalty clauses is a pivotal one. The recent case of Bellas v Powers [2023] NSWSC 1198 provides a nuanced exploration of this distinction, shedding light on the intricacies surrounding penalty clauses within both loan agreements and broader contractual frameworks. This case underscores the significant impact that a well-drafted agreement can have on safeguarding the interests of the parties involved.