Selling a house does not amount to engaging in trade or commerce

In brief - Australian Consumer Law may not extend to selling one's home

On 29 June 2015, the NSW Court of Appeal delivered judgement in Williams v Pisano [2015] NSWCA 177, which considered the application of section 18 and section 30 of Australian Consumer Law, specifically the phrase "trade or commerce" and whether or not the sale of real property amounts to the "trade or commerce" element of the provision.

The court found that the sale must bear a trading or commercial character to be applied to these provisions, narrowing the scope of section 18 and section 30. The sale of a house does not constitute conduct in trade or commerce by the appellant, and thus the previous orders of the primary judge were dismissed.