Opposing The Proposed Changes To The Australian Consumer Law

Key Point

• There is a real risk that the outcome will be an unworkable and ambiguous Act.

Clayton Utz partner and Adjunct Professor of Law, Jocelyn Kellam is opposing aspects of the Australian Governments Consumer Law Review contained in the discussion paper "An Australian Consumer Law: Fair Markets - Confident Consumers".

While consumer protection and harmonisation of laws across the various jurisdictions are both laudable goals, reform for reform's sake is not in anyone's interests. It is important that the reform process be conducted in a manner befitting such significant changes. Although one might applaud "consistent national approaches to consumer problems" and maximal harmonisation, it is not proposed that the Australian Consumer Law should embody only those provisions which are common between the Trade Practices Act and the State and Territory Fair Trading legislation.