Find Lawyers in Melbourne, Australia for Product Liability Litigation
Practice Area Overview
Under the ACL, businesses must guarantee products and services that they sell against faults and products must match descriptions and be fit for any marketed purpose. This applies to all goods sold for under $40,000 and to goods sold for more than that amount which are usually acquired for household or domestic use. In addition, the ACL renders liable manufacturers and in some cases importers of goods which, because of some safety defect, cause injury or damage to property. It does this by establishing a statutory cause of action for damages where goods have a safety defect and this defect causes damage or injury. Importers of goods from overseas companies who do not have a place of business in Australia are deemed to be the manufacturer and can be sued on the same basis. The term safety defect is given a wide definition to include goods whose safety is not such as people generally are entitled to expect.
In addition to these statutory rights, common law rights still exist. If a manufacturer negligently produces goods which are sold and which cause injury or damage, there also may be a cause of action in negligence.
Lawyers practising in this area must have a good working understanding of these principles and may be called upon to act in matters involving individual injuries or damage. In addition, in some local jurisdictions, products which cause more widespread damage or injury can be the subject of class action litigation.
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Graydon leads the Hall & Wilcox Litigation and dispute resolution team. He acts on behalf of a number of national and overseas clients on large and complex commercial litigation matters and advises on all aspects of dispute resolution. He has particular expertise in contract disputes, negligence cases, regulatory matters including ASIC and ACCC investigations, coronial inquests and commissions, and product liability. He has advised clients in both the private and public sector. Clients ap...
Robert has more than 20 years’ experience in insurance law and complementary areas, focusing primarily on property damage and associated recoveries, public and products liability and professional indemnity claims. His client experience is broad, including acting for Australia’s largest general insurers, Lloyds of London Syndicates, supermarkets, State Government, Universities, Mutuals, Councils, professionals, transport companies and the operators of large infrastructure and build...
Marcus has extensive experience in most areas of insurance law and commercial litigation. He is recognised by his clients and peers as a leading practitioner who can provide practical and commercial specialist advice. Marcus has broad experience in most areas of insurance law. He has acted as both coverage and defence counsel and has also acted in complex subrogated recovery claims. His practice has a particular focus on financial lines, professional indemnity and directors and officers claim...
Cameron joined the firm in 2009 as a partner and has over 20 years’ experience in public liability, product liability, professional indemnity, contractors all risk, property and industrial special risk insurance and self-insurance. Cameron also has experience in dust diseases, intentional torts arising out of child sexual and physical abuse and bullying, commercial litigation and building and construction litigation. Cameron provides pre-contractual advice in relation to insurance polic...
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