Competition and consumer law

Competition and consumer law

New mandatory wording requirements for warranties against defects

Businesses that supply customers with services (or goods and services together) that come with warranties against defects need to be aware of the recent amendments to the Competition and Consumer Regulations 2010 (Cth). From 9 June 2019, these businesses must include mandatory wording in their warranty documents.

ACCC's first half of 2019 in review

It has been a busy year so far for the ACCC, with a large number of proceedings filed, merger clearance decisions made, and judgments handed down by the Court on competition and consumer law actions.

AI and Privilege: are your AI chatbot conversations protected?

General purpose AI tools such as ChatGPT and Claude are increasingly being used by consumers for quick, easy and accessible 'legal advice'.

From AI adoption to AI fluency: building capability that sticks

AI adoption is accelerating. Capability often isn’t. In many organisations, people experiment with an AI feature, try a prompt, generate a result… then stall when the task becomes complex, the output feels unreliable, or the risk is unclear. What’s missing isn’t enthusiasm. It’s fluency: the practical confidence to use AI safely, intentionally and effectively within real workflows.

AI in the boardroom: directors’ duties don’t disappear

Australian company directors are increasingly using AI tools as part of governance processes, from AI-generated board pack summaries to automated minute-taking and trend analysis.

AI recruitment tools: when efficiency meets discrimination risk

Artificial intelligence has rapidly moved from experimentation to mainstream adoption in recruitment processes. Across Australia and internationally, employers are increasingly relying on automated tools to screen, rank and assess job candidates.

AI-generated assets in M&A: Who owns what?

Increasingly, companies are using AI tools to either create, or assist in the creation of, company assets such as source code, images, logos or marketing material and reports. But who owns those assets? This question has significant implications in a mergers and acquisitions (M&A) context. Below, we outline the intellectual property (IP) position in Australia and the practical risks for buyers and sellers.

First look at proposed unfair trading prohibitions

The Federal Government has released the Exposure Draft of the Competition and Consumer Amendment (Unfair Trading Practices) Bill 2026, which will introduce new unfair trading prohibitions to the Australian Consumer Law (ACL).

ACCC enforcement priorities for the 2026-27 financial year

The Australian Competition and Consumer Commission (ACCC) has announced its updated enforcement and compliance priorities for the 2026–27 financial year. These annual priorities signal the ACCC's key areas of focus for the year ahead and provide important insight into likely upcoming ACCC enforcement action. For businesses, they offer a clear indication of the conduct and sectors most likely to attract regulatory scrutiny in the coming financial year.

A new era for merger control in Australia

From 1 January 2026, businesses will be required to notify the Australian Competition and Consumer Commission (ACCC) of certain acquisitions that meet prescribed thresholds and must not complete those transactions without prior ACCC approval.

AI generated notes as evidence

AI-powered note-takers are quickly becoming an important productivity tool. While these tools offer efficiency and convenience, risks may arise when AI-generated notes are produced in regulatory investigations or commercial disputes.

Chatbots on the front line: consumer law risks businesses can’t ignore

The Australian Consumer Law (ACL) protects consumers from misleading or deceptive conduct and unconscionable conduct. Front-line customer service has always been a high-risk area for businesses, particularly where consumer rights are complex, customer interactions are frequent, and it can be difficult to capture and monitor the substance of those interactions.

Warning to all businesses: unfair contract laws enforced

The Australian Competition and Consumer Commission has taken waste management company JJ Richards & Sons (JJ Richards) to court for breach of the small business unfair contract laws that came into effect in November 2016. This is the first legal action that the Australian Competition and Consumer Commission (ACCC) has commenced to enforce the new laws. This eBulletin looks at what small businesses can learn from this first enforcement from the ACCC.

Living in Digital Harmony: Immutable Blockchains and the Right to be Forgotten

The Australian Competition and Consumer Commission (ACCC) has recommended reforms to Australia's privacy legislative framework which include the introduction of an erasure right, analogous to the GDPR's 'right to be forgotten'.

Penalties under the ACL skyrocket - Insurers who provide cover for fines and penalties now exposed to increased risk

From 1 September 2018, the maximum penalty able to be ordered by a Court for a breach of the Australian Consumer Law has significantly increased. According to Australian Competition and Consumer Commission chairman Rod Sims, the government regulator may now secure fines of more than $1 billion for breaches of the consumer protection legislation. In this update, we examine the changes to the legislation and the potential implications for insurers who provide cover for fines and penalties.

Non-compete clauses and other restraints of trade in the spotlight pending ACCC review

Restraints of trade have recently been in the spotlight with the Australian Competition and Consumer Commission (ACCC) undertaking a review of non-compete and non-solicitation clauses in employment contracts.

Artificial intelligence regulation under the watchful eye of Digital Platform Regulators' Forum

The Digital Platform Regulators' Forum has prepared a joint submission to government acknowledging the potential for artificial intelligence to enhance Australia's digital economy but also to compromise consumer protection, competition, privacy and online safety, as well as the work of Australia's regulatory bodies.

ACCC announces enforcement priorities for 2019

At his annual CEDA address on 26 February 2019, ACCC Chair Rod Sims launched the 2019 Compliance and Enforcement Policy announcing the ACCC's key focus areas for the year.

The consumer data right regime is here - what do you need to know?

In an effort to improve consumers’ ability to compare and switch between products and services, and to drive competitiveness and innovation between service providers, a new consumer data right (CDR) has been introduced.