Fair trading and Australian Consumer Law compliance

Meet your consumer law obligations before a complaint forces the issue.

Every business that supplies goods or services to Australian consumers is bound by the Australian Consumer Law. The obligations are not optional and the consequences of non-compliance can be significant. Understanding what the law requires and building compliant practices from the ground up is far less expensive than managing the consequences of getting it wrong.

What is Australian Consumer Law compliance and why does it matter?

The Australian Consumer Law is the national framework governing the rights of consumers when they purchase goods or services, and the obligations of businesses that supply them. It applies automatically to every business that deals with consumers or small businesses — regardless of what your contract says — and covers everything from consumer guarantees and refund rights to misleading conduct and unfair contract terms. Non-compliance exposes your business to compensation claims, regulator enforcement action, and civil penalties that increased significantly with the 2023 reforms.

What are consumer guarantees under the Australian Consumer Law?

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) provides automatic guarantees that apply to goods and services supplied to consumers. For goods, these include guarantees that goods are of acceptable quality, fit for any disclosed purpose, and match their description. For services, the guarantee is that services will be provided with due care and skill. These guarantees apply automatically and cannot be excluded by contract.

What is misleading or deceptive conduct under the ACL?

Under the ACL, a business must not engage in conduct that is misleading or deceptive, or likely to mislead or deceive. This applies to advertising, product descriptions, pricing, testimonials, and comparisons with competitors. The test is objective — whether conduct is likely to mislead a reasonable person. Intent to mislead is not required. Breach can result in ACCC enforcement action, injunctions, pecuniary penalties, and compensation claims.

What changed with the unfair contract terms regime in 2023?

Before November 2023, terms found to be unfair under the ACL were void but there was no penalty for including them. From November 2023, it became unlawful to include unfair terms in standard form consumer and small business contracts, with significant civil penalties available. The threshold for small business contracts was also expanded. If you use standard-form contracts with consumers or smaller businesses, your contracts need to be reviewed against the current requirements.

What should a legally compliant refund policy include?

A refund policy must not misrepresent consumers’ rights under the ACL. It cannot state that no refunds are available, that only store credit will be given, or that the consumer must return goods in original packaging as a condition of receiving a remedy. The policy should acknowledge consumer guarantee rights while setting out the business’s own returns process. We review and redraft refund policies regularly to ensure compliance.

Know your obligations

Clear advice on what the Australian Consumer Law requires from your specific business.

Compliant documentation

Terms, refund policies, and marketing materials reviewed against current requirements.

Proactive protection

Build compliant practices now rather than fixing problems after a regulator complaint.

Get your business ACL-compliant before a complaint forces the issue.

Talk to ADLV Law today for a no-obligation discussion.

Consumer law obligations apply whether you know them or not.

The Australian Consumer Law imposes obligations that many businesses do not fully understand until they face a complaint or regulator inquiry. False or misleading representations, unfair contract terms, and failure to honour consumer guarantees are the most common sources of exposure. The unfair contract terms regime was significantly expanded in 2023, and many standard-form contracts used by businesses have not been updated to reflect the changes. Non-compliance is not just a legal risk — it is a reputation risk.

We will advise on your specific obligations under the Australian Consumer Law given your business model and customer base.
We will review your terms and conditions, refund and returns policy, and marketing materials for compliance.
We will assess whether any of your standard-form contracts contain terms that may be unfair under the current regime.
We will advise on your consumer guarantee obligations and how to manage them in practice.
We will recommend practical changes to your documentation and processes to ensure ongoing compliance.

When you want to ensure your business meets its consumer law obligations

You run a business that supplies goods or services to consumers or small businesses. You want to be confident that your marketing, your terms, your refund policy, and your complaint handling processes comply with the Australian Consumer Law. You are aware the law changed significantly in recent years and are not certain your existing documents and practices reflect the current requirements.

What's included in your fair trading compliance service

Consumer law compliance is not optional — and non-compliance is visible.

Businesses that trade in breach of the Australian Consumer Law often do so without realising it. Refund policies that limit rights the law gives consumers automatically. Marketing claims that cannot be substantiated. Standard-form contracts with terms that are unfair under the regime introduced in 2023. These are not obscure edge cases — they are common practices that regulators and consumers are increasingly aware of. ACCC enforcement action is public. Compensation claims are disruptive. The reputational cost of a public consumer complaint can exceed the legal cost by a significant margin.

From uncertain compliance to documented, defensible practice

We review your current practices, documentation, and marketing against the Australian Consumer Law requirements that apply to your specific business. Where we find gaps, we advise on the practical changes needed and help you implement them. The goal is to ensure your business trades on a lawful and defensible basis, and that you can respond to any consumer complaint or regulator inquiry from a position of confidence.

Your ACL compliance roadmap.

From uncertain obligations to compliant, defensible practice.

Assessment

We review your business model, existing terms, policies, and marketing to identify the ACL obligations that apply and any gaps in current compliance.

Advice and recommendations

We provide written advice on what needs to change and why, with practical recommendations you can implement.

Implementation support

We assist with updating your terms, policies, and documentation to reflect the requirements.

Commercial lawyers with experience advising businesses on Australian Consumer Law compliance across a range of industries.

We understand that the Australian Consumer Law can feel like a moving target, particularly given the recent changes to the unfair contract terms regime. Our team advises businesses on consumer law compliance regularly and knows how to translate the legal requirements into practical changes that work for your business without creating unnecessary complexity.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Get your business ACL-compliant before a complaint forces the issue.

Every business that supplies goods or services to Australian consumers is bound by the Australian Consumer Law. The obligations are not optional and the consequences of non-compliance — complaints to regulators, compensation claims, and public enforcement action — can be significant. Understanding what the law requires and building compliant practices from the ground up is far less expensive than managing the consequences of getting it wrong.

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Fair trading and Australian Consumer Law compliance

Meet your consumer law obligations before a complaint forces the issue.

What is Australian Consumer Law compliance and why does it matter?

What are consumer guarantees under the Australian Consumer Law?

What is misleading or deceptive conduct under the ACL?

What changed with the unfair contract terms regime in 2023?

What should a legally compliant refund policy include?

Know your obligations

Compliant documentation

Proactive protection

Get your business ACL-compliant before a complaint forces the issue.

Consumer law obligations apply whether you know them or not.

When you want to ensure your business meets its consumer law obligations

What's included in your fair trading compliance service

Consumer law compliance is not optional — and non-compliance is visible.

From uncertain compliance to documented, defensible practice

From uncertain obligations to compliant, defensible practice.

Assessment

Advice and recommendations

Implementation support

Commercial lawyers with experience advising businesses on Australian Consumer Law compliance across a range of industries.

We understand you want to know the cost, before we get started.

Our great lawyer guarantee

Take the time

Share our knowledge

Stick to our knitting

Work as one team

Fair pricing

It's your show

Get your business ACL-compliant before a complaint forces the issue.

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