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Legal Insights

Date 5 July 2024

Holiday Cruise 'No Refund' Clause Deemed Unfair: Insights from Ferme & Ors v Kimberley Discovery Cruises

In a pivotal case for consumer rights, the Federal Circuit Court of Australia ruled against Kimberley Discovery Cruises in Ferme & Ors v Kimberley Discovery Cruises Pty Ltd [2015] FCCA 2384. The court found that the ‘no refund’ clause in their holiday cruise contract was unfair under the Australian Consumer Law.

Cruise Ship

Date 28 June 2024

Your Obligation to Tell Your Insurer About ‘Anything’ (i.e., Bringing Home Your Groceries) is Not Considered ‘Unfair’: The Decision of ASIC v Auto & General Insurance Company Limited

Unfair contract terms create an imbalance of rights and obligations, often disadvantaging one party. These terms are generally unenforceable in Australia. On 22 March 2024, the Federal Court ruled that the duty to notify Auto & General Insurance about ‘anything’ is not unfair under the ASIC Act, marking a significant decision in insurance contracts.

Conference Room

Date 31 May 2024

Deeper insights into the facts of Dwyer v Volkswagen. The Standard of Guarantee of Acceptable Quality under the Australian Consumer Law.

A recent decision of the NSW Supreme Court in Dwyer v Volkswagen considered the standard of acceptable quality required for passenger vehicles under the Australian Consumer Law. This case confirms that a high standard of acceptable quality is expected for all vehicles, regardless of their price.

Abstract Glass Building

Date 30 April 2024

What are my Australian Consumer Law rights for Defective Products and Services?

Learn about your consumer guarantees and rights for defective products and services under the Australian Consumer Law . Understand what constitutes a defective product or service, the remedies available, and the steps to take if you encounter issues.

Notebook and Pen

Date 29 March 2024

Major Failure for a Motor Vehicle under the Australian Consumer Law (NSW)

Learn about major failures for motor vehicles under the Australian Consumer Law (NSW). Understand your rights, remedies, and the steps to take if you experience significant defects or safety issues with your vehicle. Contact Arida Lawyers for assistance.


Date 29 February 2024

Understanding Consumer Rights: Griffiths v LMM Holdings Case Study

Explore the Griffiths v LMM Holdings case, focusing on contractual commitments and the Australian Consumer Law concerning misleading and deceptive conduct. 

Modern Workspace

Date 31 January 2024

Understanding Consumer Guarantees: Dwyer v Volkswagen Group Case Study

The case of Dwyer v Volkswagen offers critical insights into consumer law, emphasising "acceptable quality," manufacturer defences, damage assessments, third-party implications, and the evolving dynamics of consumer rights and responsibilities in Australia.

Graphic Shapes

Date 21 December 2023

Protecting Business: Navigating Consumer Law Changes

Explore the recent amendments to the Australian Consumer Law and understand how they impact business contracts. Safeguard your business with insights on avoiding penalties tied to unfair contract terms.


Date 29 November 2023

Enforcing Consumer Guarantees: Sabah Hanif v Car Mart Direct Pty Ltd Case Study

This decision underscores the enforcement of consumer rights in Australia, addressing misleading advertising and the delivery of products that fail to meet the promised standards and quality.


Date 31 October 2023

Navigating Penalty Clauses: Insights from Bellas v Powers [2023] NSWSC 1198

In the realm of contract law, the delineation between enforceable terms and penalty clauses is a pivotal one. The recent case of Bellas v Powers [2023] NSWSC 1198 provides a nuanced exploration of this distinction, shedding light on the intricacies surrounding penalty clauses within both loan agreements and broader contractual frameworks. This case underscores the significant impact that a well-drafted agreement can have on safeguarding the interests of the parties involved.

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