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Consumer Law

Consumer Law

We know Consumer Law

Consumer Law

Our team has extensive experience in consumer law matters and regularly acts for both consumers and businesses.

Cliff has in excess of 20 years of advising businesses as to consumer claims. This has included personally appearing in the various state consumer tribunals throughout Australia including in NSW, Victoria, WA and Queensland.

Cliff has significant experience in advising clients operating in the hotel and leisure industry as to consumer claims brought. This experience has been gained in circumstances where he acts for one of the world’s largest hotel/resort operators for all their consumer claims relating to their Australia and New Zealand clients.

We Can Help With

  • advising in areas relating to advertising, terms and conditions, refunds, warranties and contracts;
  • advising businesses in relations to its responsibilities and conduct under the Competition and Consumer Act;
  • advising both businesses and individuals in relation to consumer protection laws

Our Experience

Acting for a client who purchased an expensive second hand car from a dealer in Sydney and which turned out to have serious mechanical defects. The dealer refused to both repair the vehicle or provide a refund of the purchase price. Proceedings were therefore commenced in the NSWCAT seeking a full repayment of the purchase price, plus interest and related costs. The proceedings were entirely successful.

Regularly appearing for and defending claims brought by consumers against businesses for products and services purchased. This has included claims brought by consumers who were unhappy with services provided at holiday resorts and also consumers who were unable to attend holiday resorts due to the impact of COVID 19.

Advising in relation to claims brought under the Australian Consumer Law Legislation and appearing for consumer law claims brought in jurisdictions throughout Australia.

Advising both consumers and companies operating in the technology and cryptocurrency spaces as to consumer law issues. This included advising overseas based entities as to the legal responsibilities and obligations under Australian Consumer Law.

Our People

Cliff Savala

Managing Partner

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Constructive, Efficient and Effective Competition & Consumer Law Practice

Our Competition and ACL always are highly skilled, experienced and motivated to achieve cost-effective solutions in order to obtain the absolute best commercial result for our clients. Our clients in Australia include a leading international hospitality provider who operates over 80 resorts worldwide.​

We deliver greater returns at a lower cost to our clients and operate seven days a week, so you get the advice and assistance when you need it.

We Have Professionals In Every Field

Our team of passionate Competition and ACL lawyers can provide outstanding legal knowledge in the Competition and Consumer sector and regularly provide advice on matters relating to:

Consumer Law

  • misleading and deceptive conduct
  • unconscionable conduct and unfair terms
  • false or misleading representations
  • other unfair practices (bait advertising, unsolicited goods and services, pyramid selling and multi-level marketing, single/multiple pricing specifications, referral selling, harassment and coercion)
  • consumer guarantees
  • product liability claims (safety defects, personal injuries, loss/damage to consumer goods)
  • consumer data rights (ACCC CDR rules)

Competition Law

  • monopolies/oligopolies
  • anti-competitive arrangements
  • cartels under the Competition and Consumer Act 2010 (Cth)
  • price-fixing and market sharing conditions
  • restricted dealings
  • ACCC Guidelines on Concerted Practices
  • misuse of market power
  • exclusive dealings (supply/acquisition on condition and third line forcing)
  • resale price maintenance
  • potential risks under the respective criminal and civil regimes

Depending on the nature of the matter, Salerno Law has access to a wide array of professional Junior and Senior Counsel who can provide an experienced opinion and advocacy in matters of consumer protection, regulation and policy in a timely and cost-effective manner.

Litigation and dispute resolution

Litigation within the agribusiness sector refers to legal disputes and court actions that arise in connection with agricultural operations. These cases often require in-depth understanding of both the legal system and the unique regulatory landscape of agriculture. Our firm has extensive experience with the full gamut of legal disputes such as:

The key areas that we can assist with include:

  • Contractual Issues: Disagreements often arise from contracts involving supply chains, land leases, share farming, agistment arrangements, partnerships, joint ventures, and various other commercial agreements typical in the agricultural industry.
  • Land Access and Compensation: Conflicts may occur over access to land for activities like mining, gas exploration, or infrastructure development, often involving compensation claims for landowners.
  • Workplace Disputes: Litigation may stem from matters such as wrongful termination, employment agreement breaches, or occupational health and safety concerns on farms or in agribusiness operations.
  • Environmental and Biosecurity: Disputes may be triggered by non-compliance with environmental regulations, pollution events, water contamination, animal and plant health including pest and disease control measures or debates surrounding water usage and rights.
  • Intellectual Property Rights: Conflicts might arise over ownership or use of agricultural intellectual property such as plant variety rights, trademarks, and other proprietary innovations.
  • Farm Succession and Inheritance: Disputes over the division of farming assets, family trusts, or the interpretation of wills often lead to litigation in the context of generational farm transfers.

Rural property acquisitions and sales

The purchase or sale of rural land involves a broad spectrum of legal considerations that require careful attention. Key issues often include legal access to the property, the existence of easements, water rights and entitlements, land zoning regulations, potential land contamination, and the impact of native title, mining interests, and cultural heritage protections. It is also essential to assess the tax implications of the transaction, particularly in relation to Goods and Services Tax (GST) and Capital Gains Tax (CGT).

Salerno Law has extensive experience navigating the complexities of rural property matters at local, national, and international levels. We provide comprehensive support throughout the entire transaction process—from initial due diligence and review of contractual documentation to stakeholder engagement and final settlement. Our goal is to ensure that every legal aspect is addressed thoroughly and efficiently, safeguarding your interests every step of the way.

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Acquisition and leveraged finance

Opportunities in a tightening market

Borrowers and lenders face increasing pressure as leveraged finance markets tighten in the face of higher interest rates, inflation and geopolitical uncertainty. To explore new opportunities at the outset of any deal, market participants require the support of experienced, detail-oriented advisers who understand the competitive and potentially complex nature of this sector.

Expert advisers with an innovative approach

Ashurst’s global leveraged finance team advises major financial institutions, private equity houses, alternative asset managers, mezzanine financiers and corporations. Leveraged finance is a core area of expertise for Ashurst. Our team has institutional knowledge across sponsors, credit funds and banks, which means we can streamline the process for you. We have experience in the full range of leveraged.