Significant Developments in the Consumer Law Space: Are Your Clients Prepared? (Paper)

Materials comprised of a Paper and PowerPoint Handout.

Presenters:

Brigette Shone, Special Counsel, Russell McVeagh
Charlotte Fleetwood-Smith, Consumer Law Specialist, Russell McVeagh

Synopsis:

The consumer law space has been a moving feast of legislative and case law developments in the last twelve months.

Significant changes to the Fair Trading Act come into force on 16 August 2022 with the unfair contract terms regime extending to business-to-business or "small trade" contracts and a new statutory unconscionable conduct regime being introduced. The extra regulation these changes bring means businesses have much to consider when entering into or renewing business-to-business contracts below certain monetary values and when otherwise engaging in trade with consumers and other businesses.

Further, the long running saga involving Bunnings' lowest price claims and taglines entered a new phase with the District Court's decision in Commerce Commission v Bunnings. The rare judicial consideration of a Commerce Commission prosecution provides key insights around assessing misleading and deceptive conduct and pricing representations in advertising, which will be widely relevant to business.

These Materials will explain the key Fair Trading Act changes, provide practical examples and offer up tips on how businesses can start preparing for them. They will also cover the Bunnings decision and what it means for your clients. Finally, these Materials will also cover the Advertising Standards Authority including some recent decisions and what role it could play for businesses and their advertising.

These materials will help you:

• Understand the key Fair Trading Act legislative changes, and gain insights into the practical application of them based on New Zealand and Australian guidance.
• Receive practical tips on how your clients can start preparing for the amendments.
• Learn more about assessing misleading and deceptive conduct in advertising in the context of the Commerce Commission’s long-standing case against Bunnings.
• Gain a greater understanding of the Advertising Standards Authority and its relevance to your clients' businesses.
  

Intended Audience:

These Materials will be of interest to all lawyers.