Consumer Disputes

When you don't get what you paid for or someone makes a false claim against your business's goods or services, Gibbs Wright is here to assist you in winning the fight and getting back to business.

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Consumer disputes

Consumer dispute claims in Queensland

At Gibbs Wright, we’re here to support you or your business if you find yourself in a consumer dispute involving goods or services in Queensland. Life can be difficult enough without the additional worry and stress of a legal dispute.

Our team of litigation lawyers offers a clear path to resolving your dispute, with a no-obligation consultation to assess the strength of your case.

We’re here to fight for you.

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Consumer disputes

Do you need to resolve a consumer dispute?

Has a person made false or deceptive statements and representations about your business’ goods or services? Or perhaps a business has breached their requirements under Australian Standards, industry codes or legislation.

At Gibbs Wright, we’re here to assist you in winning the fight and getting back to business.

Queensland litigation

Types of consumer disputes

False or deceptive statements and representations about consumer goods and services giving a misleading impression about the value, quality or price of the product being sold.

We negotiate and defend retailers and manufacturers from selling or manufacturing goods that do not meet Australian Standards, industry codes or legislation.

Claims involving poorly constructed vehicles or other machinery that have various substantial manufacturing defects.

Breach of consumer guarantees, including the right to the repair, replacement and refund of faulty products and services.

Breach of a promise made by the supplier of goods and services to ensure the product provided is of a certain standard or quality, generally until the expiration of a set period of time.

Breach of binding agreements between consumer and suppliers (both verbal and written) concerning the sale of goods or the supply of services.

Breach of Australian consumer laws that offer consumers protection against faulty or unsafe products and services.

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Consumer law questions

Frequently asked questions

The Australian Consumer Law (ACL) is a uniform piece of legislation governing consumer rights and protection laws in Australia.

There are other pieces of legislation that may assist in addition, or instead of, the ACL, including the Sale of Goods Act, Fair Trading Act and ASIC Act

The ACL is arguably one of the most powerful pieces of consumer protection legislation to have come into existence. The provisions of the ACL operate on a national level and apply to matters involving the sale of goods and services in every state and territory in Australia.

This involves most business to consumer (B2C) and business to business (B2B) transactions.

Generally speaking, a business cannot contract out of the ACL.

Certain fundamental consumer guarantees will generally not apply in circumstances where a consumer:

  • changes their mind about the purchase of a product (i.e. they wish to return the product in order to buy it from a different manufacturer at a lower price);
  • has misused a product in a way that has caused unreasonable damage to the product that would not have occurred if they had used the product correctly;
  • was informed about a defect to the product before they bought it;
  • explicitly requested a service to be performed in a specific way against the advice of the supplier of the service; or
  • was unclear or vague about the way they intended to use a particular product or service, and the product or service subsequently failed to meet their expectations.

The ACL is a national law that exists to protect consumers and many business-to-business transactions.

The primary objective of the ACL is to ensure individuals and businesses involved in all different aspects of trade and commerce abide by and follow fair sales practices, and to verify that all consumers can expect to be offered fair contract terms, basic consumer guarantees, reasonable product safety warranties and all other fundamental consumer rights each and every time they acquire a good or service.

Although the ACL generally governs the conduct of corporations in relation to the provision of goods or services to consumers, obligations under the ACL can also apply directly to individuals.

Examples of situations where an individual may be held directly liable for the breach of a particular provision under the ACL can include (but is not limited to) situations where:

  • an employee or agent of a company has intentionally provided misleading or deceptive information about a product or service to a consumer;
  • an employee or agent of a company has unintentionally provided inaccurate information about a certain product or service to a consumer that influences the consumer’s decision to acquire the good or service; or
  • a director of a company may be considered “a person involved in” the contravention of a provision under the ACL in some circumstances.

The provisions of the  ACL that are typically disputed the most relate to misleading and deceptive conduct, and defective or unsafe goods or services.

Yes.

Once you’ve provided us with a brief understanding of your matter so we can determine whether it is something we can assist you with, we will typically get you to send through any key documents you have (for example, a contract).

If you have a key document we want to review, we may do a preliminary review of your documents and contact you again to discuss our proposed strategy. If you’re happy with our strategy, we will send you our client agreement. If you don’t want to proceed at that point, there is no charge, unless we’ve expressly stated otherwise.

The Supreme Court of Queensland, which typically deals with the most complex matters in Queensland, resolves about 65% of matters within 12 months.

About 5-10% of matters last for more than 2 years from lodgment.

Although there will always be some out-of-pocket expenses, in most litigation, the loser will pay some or all of the winner’s costs. We appreciate that in many cases, a significant event requiring litigation may have already cost a person or a business a significant amount of money. We do our best to work with you so that a matter can be pushed forward, including entering into payment plans.

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