Mallesons Stephen Jaques
Product liability

Publications

Product Safety Regime reforms: call for submissions - 19 November 2009
The Standing Committee of Officials of Consumer Affairs (Standing Committee) has sought the views of stakeholders on four recommended changes to the product safety regime. If the reforms are accepted, businesses may face increased costs when forced to comply with the reforms.

Comments sought on review of statutory implied conditions and warranties - 30 July 2009
The Minister for Competition Policy and Consumer Affairs has released an Issues Paper on behalf of the Commonwealth Consumer Affairs Advisory Council (CCAAC), examining existing laws on implied conditions and warranties (implied terms). Issues being considered include the potential introduction of “lemon laws” in Australia; allowing a regulator to take action for breach of an implied term; the offering of extended warranties by retailers; and whether statutory implied terms should be extended, for example, to apply to sales by auction.

Getting the deal through: Product liability in 37 jurisdictions worldwide - 2009
Australian chapter written by partners Moira Saville and Robyn Chalmers.

International Law Office articles

Australian Made? Senate Proposes Changes to Food Labelling Laws - 10 September 2009
A new bill introduced into the Senate in August 2009 seeks to clarify confusing labelling laws for consumers and primary producers by introducing 'truth in labelling' for foods and beverages sold in Australia. Under the proposed bill, claims such as 'Australian made' will require the food itself to be 100% produced in Australia, excluding any product container or product label.

FSANZ Proposes New Standard for Nutrition, Health and Related Claims by Anisha Wijewardane, Tania Noonan and Moira Saville - 25 June 2009
On March 20 2009 Food Standards Australia New Zealand (FSANZ) released a consultation paper entitled “Proposal P293 Nutrition, Health and Related Claims” for public and stakeholder review and consultation.

New Harmonized Consumer Protection Laws - 2 April 2009
On February 17 2009 Consumer Affairs Minister Chris Bowen announced that the federal government is fast-tracking the long-awaited reform proposals to harmonize Australia's consumer protection laws. The minister also released a discussion paper on the proposed new law by the Standing Committee of Officials of Consumer Affairs, entitled "An Australian Consumer Law: Fair markets - Confident Consumers". Comments in response to the discussion paper were sought by March 17 2009.

Voluntary Limitation of Advertising to Children by Food and Beverage Companies by Vicky Marchant, Tania Noonan and Moira Saville - 15 January 2009
The Australian Communications and Media Authority has consulted on the Draft Children’s Television Standards 2008, which regulate the content of children’s television programmes and advertising during designated children’s viewing times on commercial free-to-air television in Australia. The initiative also applies to indirect advertising such as product placement.

Productivity Commission’s Final Report on Review of Consumer Policy Framework - 2 October 2008
On December 12 2007 the Productivity Commission published a draft report on its review of the consumer policy framework (for further details please see “Productivity Commission Publishes Draft Report”). This draft report made many recommendations aimed at enhancing consumer protection and providing greater certainty and lower compliance costs for businesses.

Victorian Law Reform Commission Recommends Sweeping Changes to Class Actions - 25 September 2008
The Victorian Law Reform Commission (VLRC) has conducted a review of the Victorian civil justice system. The VLRC’s Civil Justice Review Report was released on May 28 2008 and includes 177 recommendations (nine in respect of class actions) which aim to reduce the costs, complexity and inefficiency of civil proceedings.

New Regulatory Guidelines for Medical Devices - 17 July 2008
On March 26 2008 the federal government, through the Therapeutic Goods Administration (TGA), announced plans to develop a consolidated reference document detailing the Australian regulatory guidelines for medical devices. It is intended that the regulatory guidelines will replace the existing guidance documents and information sheets for medical devices. The TGA anticipates that the consolidation project will be completed by the end of 2008.

 

 

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