Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is a product under the Australian Consumer Law?
- Under the Australian Consumer Law products are referred to as 'goods' and can include:
- ships, aircraft and other vehicles;
- animals including fish;
- minerals, trees and crops whether they are on, under or attached to land;
- gas and electricity;
- computer software;
- second‑hand goods; and
- any component part of or accessory to goods.
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Who is a consumer under the Australian Consumer Law?
- A person is a consumer and subject to the protections offered by the Australian Consumer Law if:
- the amount of money they have paid for goods or services does not exceed $40,000; or
- the goods or services were purchased for personal, domestic or household use; or
- the goods are a vehicle or trailer that is used mostly for the transport of goods on public roads.
- Under the Australian Consumer Law you will not classify as a consumer if the goods or services were purchased for:
- re-supply; or
- to use them up or transform them as part of the production process or in the course of repairing or treating other goods or fixtures on land.
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What is a manufacturer?
- A manufacturer is an entity (person or company) that creates or assembles products identified by their name, trademark or brand.
- If the manufacturer’s head office is outside Australia then the importer will bear the same responsibilities as a manufacturer under Australian Consumer Law.
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What is ‘loss and damage’ for product liability purposes?
- Loss or damage under the Australian Consumer Law includes:
- financial losses such as payments made for defective goods or damage to other goods;
- financial losses resulting to buildings or fixtures that were caused by the defective goods; and
- personal injury or death caused by the defective goods.
- If you have suffered loss or damage and want to commence a product liability claim our LegalPlan™ membership will allow you to ask lawyers for a Fixed-Fee Quote on your matter.
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Are there any time limits for seeking damages for loss suffered in a consumer transaction?
- Yes. There are time limits for bringing your claim under the Australian Consumer Law. A consumer must make a claim:
- within 3 years of becoming aware of the alleged loss, damage or defective nature of the goods and services; and
- within 10 years of when the goods were originally supplied.
- If you need more specific information about what time limits apply you can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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Are manufacturers liable for safety defects that cause injuries to persons?
- Yes. Manufacturers can be liable for safety defects.
- The Australian Consumer Law provides for manufacturers to be liable for injuries or death caused by a safety defect and provides for victims to seek compensation from the manufacturer as well.
- The amount of compensation awarded is at the discretion of the courts. When determining the appropriate amount the court will consider whether the conduct of the victim while using the product contributed to their injuries. The Australian Consumer Law provides that a court may reduce the award of damages to nil if it considers it appropriate in the circumstances to do so.
- If you have any concerns about a particular product or service you can use our free and anonymous Ask a Lawyer service to get information specific to your situation.
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View more Information on Product Liability