Civil Litigation - Trades Practices Act

The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection.

The Trades Practices Act is a Commonwealth Act and found its way into commercial dealings in 1974. It was initially based on the English model. The States have followed the Commonwealth lead by enacting similar legislation such as The Fair Trading Act in both Queensland and New South Wales.

The act provides for the manner in which business is to conduct itself in relation to competition, the products it sells and business practices. It also provides for penalties should a business be in breach of any of the provisions of the Act. These penalties are not exhaustive.

Creative Solutions

The Trade Practices Act is especially useful in providing creative solutions to problems in the commercial world. For instance, its provisions contain useful remedies that are not restricted to damages in commercial disputes. Corrective Advertising is one such remedy. Another is the power to vary and avoid contracts.

Consumer Rip-off

The Trades Practices Act provides for remedies for consumers who have been unfairly dealt with or ripped off. Remember this is a Commonwealth Statute and not all business dealings will be covered by it. That is where the Fair Trading Act comes into play. 

 
 
^{This document contains general information only and should not be relied upon as specific legal advice. Readers should contact our office for detail information or advice. No responsibility for any loss and or damage caused to any person acting in reliance on this article shall be accepted by the Principal of this Office.}