ACL Complaint Lawyers — ACCC · ASIC · State Agencies — All States
ACL Complaint Lawyers — ACCC Investigation. ASIC Inquiry. Regulatory Response.
The ACCC and ASIC are Australia's primary ACL regulators — they can investigate businesses, issue infringement notices, accept court-enforceable undertakings, and commence litigation. A consumer law lawyer advises businesses on responding to ACCC and ASIC investigations, managing compliance programs, and resolving consumer complaints before they escalate to formal regulatory action or court proceedings.
⚠ A business that receives an ACCC compulsory information notice (s 155 CCA) must respond within the stated timeframe — typically 21 days — or face contempt of court proceedings. Get legal advice before responding to a regulator notice.
ACL Regulatory Framework
Who enforces the ACL and how?
The Australian Consumer Law is enforced by a network of regulators — the primary national regulators are the Australian Competition and Consumer Commission (ACCC) for goods and services (other than financial products) and the Australian Securities and Investments Commission (ASIC) for financial products and services (under the parallel provisions of the ASIC Act). Each state and territory also has a consumer protection agency that enforces the ACL: NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading, Consumer and Business Services SA, Consumer Protection WA, NT Consumer Affairs, ACT Access Canberra, and Consumer Affairs and Fair Trading Tasmania.
The ACCC's enforcement tools include: (1) Compulsory information gathering powers (s 155 Competition and Consumer Act 2010 (CCA)) — requiring a business to produce documents, provide information, or attend an examination; (2) Infringement notices — for lower-level ACL contraventions, the ACCC can issue an infringement notice (like a fine) without court proceedings; (3) Court-enforceable undertakings (s 87B CCA) — the business agrees to comply with specified requirements, which become enforceable as court orders; (4) Injunctions (s 232 ACL) — restraining the business from continuing the infringing conduct; and (5) Civil penalty proceedings — seeking civil penalties up to $50 million per contravention for serious ACL breaches.
The ACCC's enforcement priorities change over time and are published in the ACCC's annual Compliance and Enforcement Policy. Recent enforcement priorities have included subscription traps and drip pricing, online reviews and testimonials, environmental and sustainability claims ("greenwashing"), and consumer product safety recalls.
ACL Complaint Matters
ACL complaint and regulator action matters we handle
ACCC investigation response
Advising businesses that are the subject of an ACCC investigation — responding to compulsory information requests (s 155 CCA), managing document production, and advising on the scope of the investigation.
Section 87B undertakings
Negotiating and drafting court-enforceable undertakings with the ACCC — an alternative to litigation that allows the business to resolve a compliance issue without admitting liability and without a public judgment.
ACL compliance programs
Advising businesses on ACL compliance — reviewing standard form contracts for unfair terms, auditing advertising and marketing practices for misleading conduct, and implementing compliance training programs.
Consumer complaint management
Advising businesses on resolving consumer complaints internally — before they are escalated to a regulator or tribunal — and implementing effective internal dispute resolution processes.
Product safety recall management
Advising businesses on managing mandatory and voluntary product safety recalls — including the notification obligations to the ACCC, the recall communication strategy, and the remedies to be offered to affected consumers.
State fair trading investigations
Advising businesses on responding to investigations by state and territory consumer protection agencies — NSW Fair Trading, Consumer Affairs Victoria, Queensland Office of Fair Trading, and their equivalents in other states.
Frequently Asked Questions
ACL complaint and regulator action questions answered
What should a business do when it receives a letter from the ACCC?
Seek legal advice immediately — before responding. The ACCC's letter may be an informal request (which can be declined), a formal compulsory information notice under s 155 CCA (which must be answered or the business faces contempt), or a "show cause" letter before proceedings. A consumer law lawyer advises on the nature of the inquiry, the appropriate response strategy, and the legal risks.
What is a Section 87B undertaking and how does it resolve an ACCC investigation?
A s 87B undertaking is a written commitment to comply with specified requirements, accepted by the ACCC in lieu of litigation. Once accepted, it is published on the ACCC's public register and becomes court-enforceable. Undertakings allow businesses to resolve an investigation without admitting liability, without a public judgment, and typically with reduced penalties.
What civil penalties does the ACCC seek for ACL breaches?
The maximum penalty per contravention is the greater of: $50 million; 3 times the value of the benefit obtained; or 30% of adjusted turnover during the breach period. For individuals, $2.5 million per contravention. The ACCC typically seeks high penalties for systemic contraventions, significant financial benefits, and misconduct involving vulnerable consumers.