Economic Loss
Economic loss refers to financial damage suffered due to an event. It is categorised into pure economic loss and consequential economic loss, each with distinct characteristics and legal considerations. What is Economic Loss? Economic loss can be identified as an event causing financial damage and loss. There are two main types: Pure Economic Loss This […]
Trespass to Goods/Chattels
Trespass in Queensland refers to the interference with another person’s possession of property. That property can be either real property (constituting trespass to land) or personal property (constituting trespass to chattels). Trespass to chattels is also known as trespass to goods, although ‘chattels’ has a wider meaning. Trespass to chattels is a cause of action […]
Sale of Goods Act 1896 (Qld)
The Sale of Goods Act 1896 (Qld) (the Act) governs transactions between a buyer and a seller. Such transactions can range from the purchase of hot chips at a takeaway store to the supply of millions of dollars’ worth of highly specialised medical equipment to a hospital. What are ‘Goods’? The term ‘goods’ is defined […]
Unconscionable Conduct
In Australia, unconscionable bargains occur where one party unconscientiously takes advantage of another party’s disadvantage and leaves them in a position where they are unable to retain the benefit of the bargain. This is referred to as either ‘unconscionable conduct’ or ‘unconscionable dealings’. The doctrine of unconscionable conduct generally attempts to avoid one party exploiting […]
Specific Protections Under the Australian Consumer Law
The main piece of legislation for consumer protection in Australia is the Australian Consumer Law (the ACL), as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). The ACL aims to protect consumers by providing both general and specific protections. These stipulations apply nationwide and in Queensland. The specific protections include statutory […]
Lemon Laws
In Queensland, new and used vehicles are covered by the Australian Consumer Law (the ACL), as well as warranties provided by the vehicle manufacturer or by statute. In 2019, Queensland became the first state to introduce laws to deal with the purchase of defective new or used vehicles, colloquially known as ‘lemons’. The Queensland Civil […]
