Consumer Law and Policy in Australia and New Zealand

This book examines the 2010 Australian Consumer Law' reform package in broader context. It considers parallel re-regulation of consumer credit and other financial markets impacting on consumers. It also compares recent reform initiatives in New Zealand, Australia's closest economic and geo-political partner, as well as developments in other major economies including the European Union, Japan and the United States. In addition, the book examines policy considerations and market transformations, as well as the often complex legislative history associated with recent consumer law reform proposals in Australia and New Zealand. Each substantive chapter usually begins with that broader setting, especially the issues and recommendations of a 2008 Report by Australia's Productivity Commission. Chapters then outlinehow the law works', before offering a critical assessment of the current regime. This book will therefore appeal to policy-makers, researchers, senior law students, and legal practitioners interested in an advanced and wide-ranging analysis of current consumer law issues - particularly in Australia. The 14 contributors are consumer law experts associated with Australasian Consumer Law Roundtables, held annually in Australia and New Zealand since 2007 to bring together academics, regulators and peak consumer group representative. Specific areas covered include: definitions of consumers', mandatory quality guarantees and controls over unfair terms in consumer contracts, regulation of unconscionable conduct, a possible general prohibition ofunfair practices', product liability and safety regulation, responsible lending and `hardship' provisions in consumer credit, consumer banking and financial advice, vulnerable consumers, interest rate caps, dispute resolution, regulatory powers and e-commerce.

This is a very impressive work in terms of the breadth and depth of its scholarship. It fills a major gap in the academic literature on Consumer Protection Law in Australia and New Zealand in that it is the first comprehensive analysis of the 2010 Australian Consumer Law (ACL) reform package from a policy perspective. It will be essential reading for anyone seeking to gain an understanding of how we arrived at where we are in relation to consumer protection law and policy in Australia and New Zealand, and the directions in which we should be heading. Read full review... - Stephen Corones, Australian Business Law Review (2013) 41 ABLR 162 In this well-ordered book, the editors have encapsulated the necessary but labyrinthine processes that led to an acceptable outcome, and one that was far from certain. The credentials of editors Justin Malbon and Luke Nottage are formidable, and with contributions from 13 other experts, an outstanding resource has resulted. While the book is designed primarily for professionals and scholars, and those with an interest in legislative policies and their drafting, it may also have appeal in the wider community because of the colossal impact commercial transactions have on us all. In the foreword, written by the Hon KE. Lindgren AM QC, a wish is expressed that the publisher and editors consider in due course a second edition of this estimable work. Read full review... - Shirley Benneworth, Law Society Journal, June 2013

Justin Malbon specialises in consumer law and international trade law. He is a Professor at Monash Law School and an Adjunct Research Fellow of the Australian Centre for Intellectual Property in Agriculture.

Justin was a Visiting Scholar at the Law School and Visiting Fellow at Wolfson College at Cambridge University (2007), and a Visiting Fellow at the European University Institute in Italy (1998). He is also a former Dean of the Law School at Griffith University.

JustinaEURO (TM)s publications include Australian Export: A Guide to Law and Practice (Cambridge University Press, 2006), Interpreting and Implementing the TRIPS Agreement: Is it Fair? (Elgar, 2008), Understanding the Global TV Format (Intellect, 2006), and A Commentary on the TRIPS Agreement (Elgar, forthcoming).

Justin is a board member of the Queensland Competition Authority, and a panel member of both the Financial Ombudsman Service and the Superannuation Complaints Tribunal.

Luke Nottage specialises in consumer product safety law, contract law, corporate governance and arbitration, with a particular interest in Japan and the Asia-Pacific. He is Associate Dean (International) and Professor of Comparative and Transnational Business Law at Sydney Law School, and Associate Director of the Centre for Asian and Pacific Law at the University of Sydney (CAPLUS).

Luke previously worked at Victoria University of Wellington and Kyushu University, and has held fellowships at other leading institutions in Japan and Australia as well as Germany, Italy and Canada.

His publications include Product Safety and Liability Law in Japan (Routledge, 2004), seven other books, and over a hundred chapters and refereed or other articles.

He has executive roles in the Australia-Japan Society (NSW), the Law Council of Australia, the Australian Centre for International Commercial Arbitration, and the Australasian Forum for International Arbitration. Luke also serves on the International Law Association (ILA) Committee on the International Protection of Consumers.

He is a founding Director of Japanese Law Links Pty Ltd and has consulted for law firms world-wide, the European Commission, the OECD, the UNDP, and the Japanese government. Luke qualified as a lawyer in New Zealand in 1994 and in New South Wales in 2001.

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