AUSTRALIA Law and Practice Contributed by: Greg Williams, Alexandra Rose and Caitlin Sheehy, Clayton Utz
its introduction in 2011 as part of the Australian Con - sumer Law. However, class actions are now a signifi - cant driver of a number of different forms of litigation, including product liability litigation. 3.2 Future Policy in Product Liability and Product Safety Amendments to Australian Consumer Law In March 2017, Consumer Affairs Australia and New Zealand published the report of its review of the Aus - tralian Consumer Law. The report made a number of recommendations in relation to amendment of the Australian Consumer Law – some of which (eg, the increased penalties described in 3.1 Trends in Product Liability and Product Safety Policy ) have already been implemented. However, one that has not been implemented is the recommendation that Australia should introduce a general safety provision that imposes: • an obligation on suppliers in Australia to ensure the safety of a product before it enters the market; and • penalties on suppliers in accordance with the new penalty regime for failing to do so. Product Safety Priorities The ACCC remains committed to minimising and rais - ing awareness of the risks posed by unsafe consumer goods. In its product safety priorities for 2025–26, the main areas of focus for the regulator include: • targeting misleading or deceptive advertising within the digital economy, including influencer market - ing, online reviews, in-app purchases and unsafe consumer products;
• focussing on consumer product safety issues for young children, particularly the standards for button batteries, new infant sleep products and toppling furniture; • revising mandatory standards to expand choice, reduce costs and improve safety; • focussing on consumer awareness on the safe use of lithium-ion batteries through co-operating with state and territory electrical regulators; and • improving product safety data to enhance the ability to identify emerging product safety issues quickly and effectively. Product Liability Perspective From a product liability perspective, much will depend on: • how the recent amendments to the Corporations Regulations 2001 (Cth) to exempt litigation funding schemes from the managed investment schemes regime shape the product liability landscape in Australia; • the impact of contingency fee reforms in Victo - ria, where legislative changes in 2020 permitted lawyers to charge – under some circumstances – percentage-based contingency fees in class actions before the Supreme Court of Victoria; and • the High Court of Australia’s judgment on appeal regarding the availability and scope of common fund orders (see 3.1 Trends in Product Liability and Product Safety Policy ).
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