Liability for personal injuries from recreational services and the new Australian Consumer Law: Uniformity and simplification, or still a mess?

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Abstract

The new Australian Consumer Law (ACL) aims to 'create a single national consumer law'. Australia now has a uniform set of rules across all jurisdictions in relation to consumer protection. There are, however, exceptions to this uniformity, specifically in the law of personal injury claims arising from recreational activities, which is the focus of this article. Prior to the ACL, the interaction between state and Federal law in relation to recreational activities was complex, despite the practical importance of such law. Hence, the question to be pursued in this article is whether the changes made by the ACL will result in the law being simpler and more workable. Unfortunately, the conclusion of this article is that they will not, though some of the most problematic jurisdictional differences may be overcome of a recent High Court decision on the Trade Practices Act applies equally to the ACL.
Original languageEnglish
Pages (from-to)55-75
Number of pages21
JournalTorts Law Journal
Volume19
Issue number1
Publication statusPublished - 2011
Externally publishedYes

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liability
Law
recreational activity
consumer protection
federal law
state law
court decision
jurisdiction
act
interaction

Cite this

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title = "Liability for personal injuries from recreational services and the new Australian Consumer Law: Uniformity and simplification, or still a mess?",
abstract = "The new Australian Consumer Law (ACL) aims to 'create a single national consumer law'. Australia now has a uniform set of rules across all jurisdictions in relation to consumer protection. There are, however, exceptions to this uniformity, specifically in the law of personal injury claims arising from recreational activities, which is the focus of this article. Prior to the ACL, the interaction between state and Federal law in relation to recreational activities was complex, despite the practical importance of such law. Hence, the question to be pursued in this article is whether the changes made by the ACL will result in the law being simpler and more workable. Unfortunately, the conclusion of this article is that they will not, though some of the most problematic jurisdictional differences may be overcome of a recent High Court decision on the Trade Practices Act applies equally to the ACL.",
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Liability for personal injuries from recreational services and the new Australian Consumer Law : Uniformity and simplification, or still a mess? / Dietrich, Joachim.

In: Torts Law Journal, Vol. 19, No. 1, 2011, p. 55-75.

Research output: Contribution to journalArticleResearchpeer-review

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AB - The new Australian Consumer Law (ACL) aims to 'create a single national consumer law'. Australia now has a uniform set of rules across all jurisdictions in relation to consumer protection. There are, however, exceptions to this uniformity, specifically in the law of personal injury claims arising from recreational activities, which is the focus of this article. Prior to the ACL, the interaction between state and Federal law in relation to recreational activities was complex, despite the practical importance of such law. Hence, the question to be pursued in this article is whether the changes made by the ACL will result in the law being simpler and more workable. Unfortunately, the conclusion of this article is that they will not, though some of the most problematic jurisdictional differences may be overcome of a recent High Court decision on the Trade Practices Act applies equally to the ACL.

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