Submission: On the new Australian Consumer Law

Our views in summary

• We supported, at a minimum, the banning of all types of terms described in Chapter 6, in the initial text of the Australian Consumer Law.
• We strongly supported the proposal to provide a remedy where the claimant shows detriment, or a substantial likelihood of detriment, not limited to financial detriment. 
• We also supported the proposal that the onus of proof rests on the supplier to prove that a contract in question is not a standard form of contract. 
• The monetary limit in the definition of consumer should be increased to $100,000. 
• The claimant in an action relating to accepting payment without intending to supply should only be required to prove that the supplier failed to supply the goods after accepting payment.