Putting the 'personal' back into injuries: an interpretation of pt 3-5 of the Australian Consumer Law

Title: Putting the 'personal' back into injuries: an interpretation of pt 3-5 of the Australian Consumer Law
Creator: Guihot, Michael
Relation: Competition and Consumer Law Journal Vol. 21, Issue 3, p. 232-247
Relation: http://www.lexisnexis.com.au/en-AU/products/Competition-and-Consumer-Law-Journal.page
Publisher: LexisNexis Butterworths
Resource Type: journal article
Date: 2014
Description: There is an ongoing debate in relation to Pt 3-5 of the ACL, particularly over its use in relation to other civil liability remedies. This article looks more closely at ss 138 and 139. It argues that, because of a possible design flaw in the statutory construction of s 138, it can be interpreted much more broadly than it has been to date. Also, the article discusses the effect on an interpretation of s 139 of the ACL of both the High Court’s decision in Marks v GIO Australia Holdings Ltd, and a small but significant amendment to s 139 when the ACL was enacted. It argues that s 139 can now be interpreted broadly to include claims not just for loss of financial support or services but for all loss or damage or injury caused.
Subject: Australian Consumer Law; civil liability; personal injury
Identifier: http://hdl.handle.net/1959.13/1303604
Identifier: uon:20684
Identifier: ISSN:1039-5598
Language: eng
Reviewed

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