Businesses are people too: Anomalies in widening the ambits of ‘consumer’ under consumer credit law

Research output: Contribution to conferencePresentationResearch

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Abstract

This presentation examines the position of the small business as “consumer” under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting the power of the Courts to make winding-up orders under the Corporations Act 2001 (Cth) and also countenancing insolvent trading under the hardship provisions.
Original languageEnglish
Publication statusPublished - 2013
Event14th International Association of Consumer Law Conference - University of Sydney, Sydney, Australia
Duration: 1 Jul 20134 Jul 2014
Conference number: 14th

Conference

Conference14th International Association of Consumer Law Conference
Abbreviated titleIACL
CountryAustralia
CitySydney
Period1/07/134/07/14
OtherThe 14th International Conference on Consumer Law was held at the University of Sydney, Australia with the theme of ‘diversity’ – of consumers, products and regulatory techniques from July 2 to July 4 2013. Participants came from Africa, Asia, Europe and the Americas to give papers and contribute to discussion. The conference was organised by Professor Gail Pearson from the University of Sydney with help from Professor Eileen Webb from the University of Western Australia. The conference built on the recent introduction of the Australian Consumer Law to explore issues including centralised or divergent regulatory practices, special protection for vulnerable consumers, international protection of tourists as consumers, the digital marketplace, collective actions, and maintained the strong tradition of cutting edge work on consumer credit and finance.

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Consumer credit
Anomaly
Small business
Inclusion
Legislation
Consumer protection
Credit

Cite this

Cantatore, F., & Marshall, B. (2013). Businesses are people too: Anomalies in widening the ambits of ‘consumer’ under consumer credit law. 14th International Association of Consumer Law Conference, Sydney, Australia.
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abstract = "This presentation examines the position of the small business as “consumer” under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting the power of the Courts to make winding-up orders under the Corporations Act 2001 (Cth) and also countenancing insolvent trading under the hardship provisions.",
author = "Francina Cantatore and Brenda Marshall",
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note = "14th International Association of Consumer Law Conference, IACL ; Conference date: 01-07-2013 Through 04-07-2014",

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Cantatore, F & Marshall, B 2013, 'Businesses are people too: Anomalies in widening the ambits of ‘consumer’ under consumer credit law' 14th International Association of Consumer Law Conference, Sydney, Australia, 1/07/13 - 4/07/14, .

Businesses are people too: Anomalies in widening the ambits of ‘consumer’ under consumer credit law. / Cantatore, Francina; Marshall, Brenda.

2013. 14th International Association of Consumer Law Conference, Sydney, Australia.

Research output: Contribution to conferencePresentationResearch

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AB - This presentation examines the position of the small business as “consumer” under existing consumer protection legislation and the incongruities arising from this characterisation in the area of consumer credit regulation. While the inclusion of small businesses may be defensible under the Australian Consumer Law, it is contended that this is not the case in consumer credit regulation. It is arguable that such an inclusion impacts significantly on commercial dealings and could have a lasting effect on the availability of credit to small businesses. The effects of treating businesses as consumers in relation to consumer credit transactions are far-reaching, potentially affecting the power of the Courts to make winding-up orders under the Corporations Act 2001 (Cth) and also countenancing insolvent trading under the hardship provisions.

M3 - Presentation

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Cantatore F, Marshall B. Businesses are people too: Anomalies in widening the ambits of ‘consumer’ under consumer credit law. 2013. 14th International Association of Consumer Law Conference, Sydney, Australia.