Product Liability and Safety 2025

AUSTRALIA Trends and Developments Contributed by: Greg Williams, Alexandra Rose, Caitlin Sheehy and Carla Rank, Clayton Utz

Markets, Competition and Consumers Act 2024 or the EU’s Digital Markets Act is yet to be seen. Currently, the digital economy and digital plat - forms are regulated in Australia by laws that apply generally across the Australian economy, including the Competition and Consumer Act 2010 (Cth) (CCA) (within which the ACL is con - In the automotive class action space, Australia awaits the decision of the trial judge in Toyo - ta with regard to the issue of quantification of damages. The extent of Toyota’s liability to class members and the impact this decision will have on the automotive class action trend is yet to be determined. This is a matter of keen interest for manufacturers, class members and class action lawyers in Australia. tained). Outlook

The High Court’s decision about available rem - edies has also influenced how plaintiff lawyers and litigation funders are formulating consumer products class actions more broadly. As regards the digital economy and market - place, the ACCC’s tenth and final report from the DPSI and the release of new draft framework(s) from the Australian government may provide greater clarity on sector-specific mandates for digital commerce. The ACCC has also clearly signalled that it will continue to scrutinise digital platforms and pursue investigations of potential anti-competitive conduct in this space.

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