It is irrefutable that, to a considerable extent, legal and non-legal actions are effective in administering justice for consumers. Consumer law has continually evolved in order to maintain its ability to protect consumers within the ever-changing modern marketplace - progressing from the common law notion of caveat emptor to an intensive legal framework recognising the fundamental need for consumer protections. While much of this contemporary framework - comprised of statutory bodies, law courts and tribunals, and working in conjunction with a myriad of other non-legal avenues - is highly effective in its delivery of justice, there remain areas of concern currently inadequate in safeguarding rights. Thus, although legal and non-legal measures
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The Fair Trading NSW is primarily responsible for enforcing the 1987 Fair Trading Act (NSW) and assorted federal legislation - investigating unjust practices and imposing sanctions and remedies when required in order to regulate transactions between consumers and traders. In addition to its management of consumer law, the statutory body offers efficient dispute resolution for consumers, as well as valuable information on their rights and responsibilities. As noted by YIP Magazine 2016, a complaints register was recently added to further assist in achieving just outcomes. Redress and remedies for consumers can also be obtained through NCAT - the reformed NSW tribunal system implemented in January 2014 by the Civil and Administrative Tribunal Act 2013. Established in response to the recommendations of the Legislative Council to improve the “complex and bewildering” past system, the Tribunal consolidates the work of 22 former tribunals - including the Consumer, Trader and Tenancy Tribunal (CTTT) - into a single point of access for all users. These reforms greatly enhanced the system’s effectiveness - providing services that are swift, accessible, economical and effective. It is evident from Danias v Etihad Airways (2015), wherein the respondent was found guilty of unconscionable …show more content…
An array of new challenges has arisen as a result of rapidly developing technologies, as the contemporary marketplace has transformed into a complex global environment immensely difficult for Australian legal authorities to adequately regulate. Despite this, under the Competition and Consumer Act 2010 (Cth) and the Telecommunications Act 1997 (Cth), the ACCC is able to enforce Australian consumer law within national borders - and thus can offer protection to consumers in some areas of internet marketing and sales. This is demonstrated though their involvement in a “concerted international effort” (ACCC, Sept 2013) to identify app games believed to be capable of misleading consumers into making unauthorised purchases - which they asserted breached the ACL’s clause banning deceptive claims. The statutory body additionally engaged with Google and Apple platform operators in order to determine how to increase awareness and educate the public about these issues. Conversely, the Australian legal system is essentially unable to provide any form of protection or justice to consumers in the area of international online transactions, as it lacks cross-border jurisdiction and has not yet developed legislative strategies designed to resolve this issue. The legal system’s
The Fair Trading NSW is primarily responsible for enforcing the 1987 Fair Trading Act (NSW) and assorted federal legislation - investigating unjust practices and imposing sanctions and remedies when required in order to regulate transactions between consumers and traders. In addition to its management of consumer law, the statutory body offers efficient dispute resolution for consumers, as well as valuable information on their rights and responsibilities. As noted by YIP Magazine 2016, a complaints register was recently added to further assist in achieving just outcomes. Redress and remedies for consumers can also be obtained through NCAT - the reformed NSW tribunal system implemented in January 2014 by the Civil and Administrative Tribunal Act 2013. Established in response to the recommendations of the Legislative Council to improve the “complex and bewildering” past system, the Tribunal consolidates the work of 22 former tribunals - including the Consumer, Trader and Tenancy Tribunal (CTTT) - into a single point of access for all users. These reforms greatly enhanced the system’s effectiveness - providing services that are swift, accessible, economical and effective. It is evident from Danias v Etihad Airways (2015), wherein the respondent was found guilty of unconscionable …show more content…
An array of new challenges has arisen as a result of rapidly developing technologies, as the contemporary marketplace has transformed into a complex global environment immensely difficult for Australian legal authorities to adequately regulate. Despite this, under the Competition and Consumer Act 2010 (Cth) and the Telecommunications Act 1997 (Cth), the ACCC is able to enforce Australian consumer law within national borders - and thus can offer protection to consumers in some areas of internet marketing and sales. This is demonstrated though their involvement in a “concerted international effort” (ACCC, Sept 2013) to identify app games believed to be capable of misleading consumers into making unauthorised purchases - which they asserted breached the ACL’s clause banning deceptive claims. The statutory body additionally engaged with Google and Apple platform operators in order to determine how to increase awareness and educate the public about these issues. Conversely, the Australian legal system is essentially unable to provide any form of protection or justice to consumers in the area of international online transactions, as it lacks cross-border jurisdiction and has not yet developed legislative strategies designed to resolve this issue. The legal system’s