This submission was addressed to SCOCA Australian Consumer Law Consultation Competition and Consumer Policy Division Treasury.
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.