Practice Areas / Competition & Consumer Law
Competition & Consumer Lawyers
Advice on the Australian Consumer Law and competition law for businesses and consumers across Melbourne, Frankston and the Mornington Peninsula, in English and in Polish.
Fair dealing in business
The Australian Consumer Law applies to almost every business that sells goods or services, online or in person. It sets minimum standards that a contract cannot take away, and the maximum penalties for companies were raised in March 2026.
We advise businesses on compliance, contracts, complaints and dealings with the Australian Competition and Consumer Commission (ACCC), and act for consumers and small businesses when a supplier will not put things right. Radek Dajer runs each matter himself and can explain your rights and obligations in Polish.
How we help with competition and consumer law
Refunds and repairs
Refunds, repairs and replacements for faulty goods and services, whether you are a consumer making a claim or a business responding to one.
Advertising and sales
Reviewing advertising, pricing and sales practices, and acting in claims for misleading or deceptive conduct and false representations.
Unfair contract terms
Reviewing standard form contracts and online terms, and challenging terms that create a significant imbalance between the parties.
Competition compliance
Advice on dealings with competitors, suppliers and distributors, compliance programs, and responding to ACCC inquiries.
The Australian Consumer Law
The Australian Consumer Law is Schedule 2 to the Competition and Consumer Act 2010 (Cth) and applies in Victoria through the Australian Consumer Law and Fair Trading Act 2012 (Vic). It is enforced by the ACCC and Consumer Affairs Victoria.
- Consumer guarantees, which cannot be excluded: goods must be of acceptable quality, fit for any purpose you made known and match their description, and services must be provided with due care and skill. A business cannot contract out of these rights.
- Who is a consumer: a business can be a consumer too, if the goods or services cost $100,000 or less, or are of a kind ordinarily acquired for personal, domestic or household use.
- Major and minor failures: for a major failure with goods, the consumer can generally choose a refund or replacement, or compensation for the drop in value. For a minor failure, the business can choose to repair, replace or refund within a reasonable time.
- Misleading or deceptive conduct: a business must not engage in conduct in trade or commerce that is misleading or deceptive, or likely to be. Half-truths, contradictory fine print and, in some cases, silence can all mislead, and a person who suffers loss can claim compensation.
Unfair contract terms and compliance
Since 9 November 2023, proposing, using or relying on an unfair term in a standard form consumer or small business contract has been prohibited, and courts can impose penalties. A contract is a small business contract if at least one party has fewer than 100 employees or annual turnover under $10 million.
- Common unfair terms: clauses that let only one party end or change the contract, limit its liability, or penalise the other for breach, where they go further than needed to protect a legitimate interest.
- Penalties: for conduct from 28 March 2026, the maximum penalty for a company is the greater of $100 million, three times the benefit obtained, or 30% of adjusted turnover during the breach period. Individuals face up to $2.5 million.
- Unfair trading practices: laws passed in 2026 ban trading practices that manipulate consumers, and add rules on drip pricing and subscription contracts, from 1 July 2027. Review checkout, pricing and cancellation processes before then.
- Product safety: a supplier must report to the ACCC within 2 days of becoming aware that a consumer product has caused, or may have caused, a death, serious injury or serious illness. We advise on reports, safety standards and recalls.
Old templates carry new risks
Before 9 November 2023 an unfair term in a standard form contract was void but did not attract a penalty. Now, using it in a new, renewed or varied contract can. Review your templates, online terms and supplier agreements.
Competition law
Part IV of the Competition and Consumer Act 2010 (Cth) prohibits conduct that harms competition. Much of it is aimed at large companies, but smaller businesses can breach it too, often through informal arrangements.
- Cartel conduct: agreeing with a competitor to fix prices, share customers or markets, restrict supply or rig bids. Serious cartel conduct is a criminal offence as well as a civil contravention.
- Misuse of market power: a business with substantial market power must not engage in conduct that has the purpose, effect or likely effect of substantially lessening competition.
- Supply and distribution: resale price maintenance is generally prohibited, and exclusive dealing and concerted practices are prohibited if they substantially lessen competition. Check distribution arrangements before signing them.
- Mergers: since 1 January 2026, acquisitions that meet the monetary thresholds must be notified to the ACCC and cannot be completed until approved. Most sales between small businesses fall below the thresholds, but an acquisition by a large group may not.
- Investigations: we help businesses respond to ACCC and Consumer Affairs Victoria inquiries and notices, and put compliance programs in place.
Need advice on consumer or competition law?
Book a consultation to discuss a complaint, a contract or a compliance question.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
Put your complaint in writing, saying which consumer guarantee has not been met and what remedy you want. If that does not work, you can contact Consumer Affairs Victoria or apply to VCAT, which hears disputes about goods and services. We can assess the strength of your claim and represent you at VCAT.
No. The consumer guarantees cover goods and services that are faulty, unsafe, not as described or not fit for purpose. A business does not have to refund a customer who simply changes their mind, unless its own policy offers that. It must not suggest that customers have no rights at all, for example with a sign saying no refunds.
A term in a standard form contract is unfair if it would cause a significant imbalance in the parties’ rights and obligations, is not reasonably necessary to protect the legitimate interests of the party it benefits, and would cause detriment if relied on. The contract is read as a whole, and transparency matters. A term found to be unfair is void.
Be very careful. Discussing or agreeing on prices, customers, territories or tenders with a competitor can be cartel conduct, which carries criminal and civil penalties, and informal conversations at industry events can create risk. Talk to us before joining a buying group or joint venture with competitors, as some arrangements can be authorised by the ACCC.
Get advice before you respond. Some requests are voluntary, but a compulsory notice must be complied with by the date it states, and giving false or misleading information is an offence. Keep all relevant documents. We can help you understand what is being asked and prepare your response.
Yes. Radek Dajer speaks Polish and can explain your rights as a consumer, or your obligations as a business, in Polish. This can help Polish-speaking business owners who import, sell or advertise goods and services in Australia. See our Polish-language services.