Remedies under the Australian Consumer Law and the Common Law: Evolution and Revolution

Exploring the Boundaries of Compensation for Misleading Conduct: The Role of Restitution under the Australian Consumer Law

Elise Bant, Jeannie Marie Paterson

2019-01-01

The Australian Consumer Law ('ACL') provides a comprehensive suite of remedial orders available in response to conduct contravenin..

Intuitive Synthesis and Fidelity to Purpose? Judicial Interpretation of the Discretionary Power to Award Civil Penalties under the Australian Consumer Law

Jeannie Paterson, Elise Bant

2019-01-01

The fertility of judicial techniques of statutory interpretation is uniquely evidenced in the development of the jurisprudence sup..

Misrepresentation, Misleading Conduct and Statue through the Lens of Form and Substance

Jeannie Paterson, Elise Bant

2019-01-01

Doctrines that provide various rights of redress for misrepresentation and misleading conduct hold a central place across the sp..

Should Specifically Deterrent or Punitive Remedies be made Available to Victims of Misleading Conduct under the Australian Consumer Law?

Elise Bant, Jeannie Paterson

2019-01-01

The ‘smorgasbord of remedies’ available to victims of misleading conduct under the Australian Consumer Law (‘ACL’) and parallel le..

Misleading Conduct before the Federal Court: Achievements and Challenges

Elise Bant, Jeannie Paterson

2018-01-01

The fundamental norm against misleading others has assumed particular dominance in the Australian private law landscape. The categ..

Consumer Redress legislation: Simplifying or Subverting the Law of Contract

E Bant, JM Paterson

2017-01-01

© 2017 The Author. The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly..

Recission, Restitution and Compensation

Elise Bant

2017-01-01

This chapter considers the nature of pecuniary awards and adjustments, including ‘indemnity’ orders, consequent on equitable resci..

Statutory Causation in Cases in Misleading Conduct: Lessons from and for the Common Law

E Bant, J Paterson

2017-01-01

Causation serves as the central gatekeeper to the smorgasbord of remedies offered in response to the various statutory prohibition..

Statutory Interpretation and the Critical Role of Soft Law Guidelines in Developing a Coherent Law of Remedies in Australia

E Bant, J Paterson

2017-01-01

This chapter considers three particular challenges faced by metalegislation such as the Australian Consumer Law (ACL). The first i..

Consumer Protection, Statute and the Ongoing Influence of the General Law in Singapore

Jeannie Paterson, V Wong

2016-01-01

Consumers seeking redress for misleading and other types of wrongful conduct by traders will usually seek to rely on the rights pr..

In the Age of Statutes, Why Do We Still Turn to the Common Law Torts?: Lessons from the Statutory Prohibitions on Misleading Conduct in Australia

J Paterson, E Bant

2016-01-01

One unique feature of Australian Consumer Law is that the protection afforded by the statutory prohibition on misleading conduct i..

Remedies: Reflections and Perspectives

Elise Bant

2016-01-01

As Andrew Phang JA reminds us in his leading article in this special issue, the law of remedies has always been a subject of acute..

Submission to the Australian Consumer Law Review

J Paterson, E Bant

2016-01-01

The Consumer Guarantee Remedial Regime: Some Uncertainties and the Role of Common Law Analogy

Jeannie Paterson

2016-01-01

The Australian Consumer Law introduced a new regime of ‘consumer guarantees’ accompanied by a unique remedial regime applying spec..

Limitations on Defendant Liability for Misleading or Deceptive Conduct Under Statute: Some Insights from Negligent Misstatement

Elise Bant, Jeannie Paterson

2015-01-01

Liability for having induced another to act to their detriment on the basis of a negligent misstatement can arise under the genera..

Statute and Common Law: Interaction and Influence in Light of the Principle of Coherence

E BANT

2015-01-01

Unconscionable Bargains in Equity and under Statute

J Paterson

2015-01-01

This article considers the relationship between the equitable doctrine of unconscionable dealing, the statutory prohibition on unc..