The Federation Press

Contract and the Australian Consumer Law


Contract and the Australian Consumer Law analyses the way the Australian Consumer Law has modified contract law. In particular, provisions in the Australian Consumer Law in relation to consumer guarantees for goods and services, unfair contract terms, misleading or deceptive conduct and unconscionable conduct are considered and analysed. The book discusses recent cases on these topics and extracts guiding principles from the legislation and the cases.

The text is intended to be read from cover to cover so as to present a birdseye view on the operation of the legislation in the context of contract law.

With a foreword by the Hon Justice Julie Ward of the Supreme Court of New South Wales, who describes the text as eminently readable with a coherent and focused analysis, the book is a must have for all practitioners of commercial law including construction law, property law and all forms of contractual disputes, as well as law students.


"It is suggested on the back cover of Contract and the Australian Consumer Law that it is intended to be read from cover to cover ... I did just that.
It is a refreshing read by Emeritus Professor John Carter and Laina Chan about a very dull topic. The Australian Consumer Law reads as though it had been written by some demonic anarchist dreamt up by Evelyn Waugh. It is very long, and full of words that do not bear their ordinary meaning. Statutory liabilities are referred to as “guarantees” although they are nothing of the sort. “Consumers” include companies which are not consumers. A contract with a “consumer” is not necessarily a “consumer contract”. Things are defined as “warranties” when they are not even contractual terms, let alone warranties. Quite how the authors of this book managed to maintain their sanity whilst surveying this awful scene is a mystery.
But we should be grateful to them. Their gentle mockery of the legislation turns out to be rather helpful in getting to grips with it.
At 162 pages, it is a short book, and all the more useful for that. Thoroughly recommended." — Blog by Robert Fenwick Elliott, Construction Law Barrister; International Member of Keating Chambers

Table of Contents

Foreword by The Hon Justice Julie Ward, Supreme Court of New South Wales
Table of Cases
Table of Statutes
Table of Abbreviations

Chapter 1 - Introduction
1. The Australian Consumer Law
2. The Derivation of the Australian Consumer Law
3. Components of the Australian Consumer Law

Chapter 2 - Consumer Guarantees Regime
1. Introduction
2. Consumer Guarantees
3. Rights and Remedies in Relation to Consumer Guarantees

Chapter 3 - Exclusion Clauses
1. General
2. Prohibited and Permitted Exclusion Clauses
3. Position Where Exclusion Clause Void
4. Drafting Exclusion Clauses

Chapter 4 - Liability of Manufacturers
1. General
2. Consumer Guarantees
3. Rights and Remedies

Chapter 5 - Misleading or Deceptive Conduct and Other Prohibited Conduct
1. General
2. The Prohibition on Misleading or Deceptive Conduct
3. Other Prohibitions
4. Representations in Relation to Future Matters
5. Remedies

Chapter 6 - Unconscionable Conduct Regime
1. General
2. Impact of Australian Consumer Law
3. Remedies

Chapter 7 - Unfair Contract Terms Regime
1. General
2. Application of the Regime
3. Terms which may be Unfair
4. Remedies


Of interest...