Consumer Law Claims
As the ACCC continues to crack down on businesses it is vital that practitioners are well versed in the latest developments and issues affecting consumer law. Examine consumer guarantees, product liability and recent court appeals of misleading & deceptive conduct. Gain practical knowledge in contract drafting, exploring unfair contract terms, terms and conditions and business to business contracts. Become equipped to deal with the latest issues impacting consumers, businesses & their advisors. WEB2111N16
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Amanda Storey, Barrister, Svenson Barristers; former Director of Legal Practice, Consumer Action Law Centre
9.00am to 10.00am Consumer Law Refresher and Recent Developments: Where are we up to?
- Who is a ‘consumer’? (new ACL definition in place since 1 July 2021)
- Statutory Consumer Guarantees: recap on what is covered, impact of recent changes and consequences of failure to comply
- Supplier warranties including express warranties and extended warranties
- Tips for suppliers/B2B contracts and other issues to watch out for
- Key takeaways from recent cases
Presented by Alison Jones, Special Counsel, Corrs Chambers Westgarth
10.00am to 11.00am Large Scale Consumer Claims
- What steps to take when an ACCC or class action consumer claim is on the horizon
- Learnings from the Court's recent dealings with mass consumer actions
- Approaching and conducting investigations
- Balancing commercial, reputational and legal objectives
- How can businesses leverage from mass claims against competitors (And do they want to?)
Presented by Andrew Salgo, Partner, Baker & McKenzie; Best Lawyers 2022, Litigation, Class Action Litigation & Alternative Dispute Resolution, and Amy Middlebrook, Partner, Baker & McKenzie
11.00am to 11.15am Break
11.15am to 12.15pm Misleading or Deceptive Conduct: Recent Court of Appeal Judgments
- Appropriately characterising representations: statements of fact or of opinion?
- Ireland v WG Riverview Pty Ltd [2019] NSWCA 307
- Third party professional consultants successfully sued by developer
- Mistrina Pty Ltd v Australian Consultant Engineers Pty Ltd [2020] NSWCA 223
- Silence and non-disclosure as misleading or deceptive conduct
- Wormald v Maradaca Pty Ltd [2020] NSWCA 289
Presented by Mark Darian-Smith, Barrister, 13 Wentworth Chambers
12.15pm to 1.15pm Navigating the ACL in Drafting Business to Business Contracts
- Business as a 'consumer' under the Competition and Consumer Act
- Consumer guarantees and permissible exclusions
- Unfair Contract Terms: practical drafting to minimise risk
- Drafting to minimise exposure for pre-contractual representations
Presented by Josh Simons, Partner, Thomson Geer; Deputy Chair, Consumer and Consumer Committee, Law Council of Australia; Preeminent Intellectual Property and Technology, Media & Telecommunications Lawyer Lawyer, Doyle’s Guide 2021; Best Lawyers 2022, Competition Law, Regulatory Practice, Franchise Law, Information Technology Law, Intellectual Property Law, and Privacy and Data Security Law
Presenters
Amanda Storey
Amanda’s principal practice areas are commercial, consumer, regulatory, insolvency and dispute resolution. She accepts briefs to appear and advise. Prior to coming to the Bar, Amanda practised as a solicitor for 13 years in the areas of consumer law, consumer credit law, banking and finance law, bankruptcy and corporate insolvency. She has experience instructing and appearing in the Supreme Court, Federal Court, Federal Circuit Court and the Victorian Civil and Administrative Tribunal. Immediately prior to joining the Bar, she was the Director of Legal Practice for the Consumer Action Law Centre. Amanda has been an active committee member of the Law Institute of Victoria, including the Competition and Consumer Committee. Amanda has a long and proud history of assisting vulnerable clients access justice.
Alison Jones
Alison Jones is a Special Counsel in the intellectual property practice of Corrs Chambers Westgarth, Australia’s leading independent law firm. Alison specialises in intellectual property and consumer protection law, and advises clients across all business sectors on a range of IP, regulatory and related areas including IP strategy, advising on commercial arrangements of various kinds and contract drafting, advertising and marketing, competition and consumer law issues, IP enforcement, and commercial regulatory (including food law, cosmetics, life sciences and therapeutic goods regulation, product liability risk and recall, privacy and data protection). Alison's experience in this area also includes secondments at leading companies in IP-driven sectors, including fast moving consumer goods and life sciences.
Andrew Salgo
Andrew Salgo is a partner in the Australian dispute resolution group. Andrew has worked with many high profile clients across many areas of law handling complex disputes where significant commercial and reputational interests have been involved. This experience has included work in the Supreme Courts of New South Wales, Victoria, Western Australia, Queensland and Tasmania, the Federal Court, and the High Court. In addition to commercial litigation Andrew's work has also involved class actions, arbitration, intellectual property disputes, commissions and investigations, and representation in examinations and other dealings concerning the Australian Securities Investment Commission.
Amy Middlebrook
Amy Middlebrook is a partner in Australia's Dispute Resolution group. Amy is also a member of the Firm's Healthcare and Consumer Goods & Retail Industry Groups. She has practiced in both Australia and the United States. Amy has experience handling complex commercial disputes across many areas of law, with particular expertise in corporations law (including director and officer liability), misleading advertising claims and product liability. Her experience included work in the Federal Court and Supreme Courts of New South Wales, Victoria and Western Australia. Amy's work has also involved class actions, representation in tribunals and dealings concerning the ACCC and ASIC. Amy has a background in Pharmacology and has advised healthcare clients on regulatory matters, including with respect to TGA requirements, industry code compliance and pricing and reimbursement
Mark Darian-Smith
Mark enjoyed a successful career conducting major commercial litigation and arbitration as a senior Partner at King & Wood Mallesons for 26 years following his admission as a solicitor in 1984. He was called to the Bar in 2019 and specialises in commercial law, equity and trusts, banking and financial services, building and construction law, real property, trade practices and competition. Mark appears primarily in the Supreme Court of New South Wales (mainly in the Equity Division). He also appears in the Federal Court of Australia and in inferior courts, as well as tribunals, including the New South Wales Civil and Administrative Tribunal (NCAT). Mark also has extensive experience in the resolution of disputes outside the court system, including international arbitration and mediation.
Josh Simons
Josh is a partner of national law firm Thomson Geer, with a specialty practice in competition, regulatory and intellectual property. He is recognised by peer review publications including 'Who's Who Legal', 'Best Lawyers' and 'Doyle's Guide' in the areas of competition law, regulatory, IP and franchising (including being named as a Best Lawyers "Lawyer of the Year" on seven occasions). Josh is Deputy Chair of the Law Council of Australia's Competition and Consumer Committee – a position he has held since 2008. He is a regular presenter at conferences and seminars on competition and consumer law issues.