Australian Legal Research Guide
For more information on Australian legal research, see our research guides:
Commentary Quick Overview
- LexologyProvides concise reports on the regulatory framework in EU in areas of cartel regulation, dominance, merger control, pharmaceutical antitrust and IP & antitrust.
- International Comparative Legal Guides (ICLG)Includes concise chapters for cartels & leniency, competition litigation, merger control and product liability in U.S.
Major Commentary Sources
- Australian Competition Law websiteThis website is designed to provide resources relating to Australia's competition laws. It includes links to legislative history, guidelines, expert and judicial profiles, a chronology of Australian competition law and key links to further resources.
- CCH Australian Competition and Consumer LawGives a very comprehensive explanation of competition and consumer law and its implications for business and consumers. Includes comparison tables and recent developments.
- Competition and Consumer Act AnnotatedProvides section-level annotations, comparative tables and references to the latest legislative developments and discussions of recent case law.
- Heydon’s Trade Practices LawProvides authoritative commentary on the Competition and Consumer Act 2010 and Regulations. Includes information on pending legislation and comparative tables.
- Miller’s Australian Competition and Consumer Law AnnotatedSearch by keyword or browse by clicking on the + symbol next to each section. Note also its 'Important Developments' section which looks at recent legislative amendments.
- National Competition Policy (NCP)Includes documents on the development, content and implementation of the National Competition Policy. Provides a search facility with options to search by topic, jurisdiction or document type.
- Australian Consumer Law websiteA website maintained by the government providing information on Australian competition policy framework.
- Lawyers Practice Manual - Consumer LawPart 5 covers consumer law in Victoria and the Commonwealth.
- CCH Consumer Credit LawCovers both the old and new consumer credit regimes. Provides commentary on responsible lending and industry codes of practice among other consumer credit topics.
Legal Encyclopedias
- Consumer Credit – Halsbury's Laws of AustraliaChapter 100 provides an introduction to consumer protection.
- Product Liability - Halsbury's Laws of AustraliaChapter 338 provides an introduction to product liability.
- Restrictive Trade Practices - Laws of AustraliaChapter 30 covers restraint of trade and competition law in Australia.
- Trade and Commerce - Halsbury's Laws of AustraliaChapter 420 includes a sub chapter I for Competition Law.
- Unfair Dealing - Laws of AustraliaChapter 35 includes sub chapters for misleading or deceptive conduct, misrepresentation and remedies.
Legislation - Competition Law
The central piece of legislation for Australian competition law is the Competition and Consumer Act 2010 (Cth). Note that it was previously named the 'Trade Practices Act 1974'. The name officially changed on 1 January 2011.
- Federal Register of Legislation - Competition and Consumer Act 2010 (Cth)The current version of the Act is to be found at the Federal Register of Legislation website.
- TimeBase - Competition and Consumer Point-in-Time ServiceProvides point-in-time legislation from 24 August 1974. Also includes comparative tables, explanatory memoranda, second reading speeches and case links.
- Timebase - LawOneScroll down in LawOne and find acts and regulations by Subject, for example, in these areas:
• Competition
• Consumer Protection/Fair Trading
Consumer Law
The full text of the Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Laws to apply the ACL as a law of each State and Territory have been enacted in all States and Territories. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws will continue to apply.
- Fair Trading (Australian Consumer Law) Act 1992 (ACT)previously called Fair Trading Act 1992 (72 of 1992)
- Fair Trading Act 1987 (NSW)(68 of 1987)
- Fair Trading Act 1989 (QLD)(84 of 1989)
- Consumer Affairs and Fair Trading Act 1990 (NT)(49 of 1990)
- Fair Trading Act 1987 (SA)(42 of 1987)
- Fair Trading Act 1987 (WA)(108 of 1987)
- Fair Trading Act 2010 (WA)(57 of 2010)
Consumer Credit
- Federal Register of Legislation - National Consumer Credit Protection Act 2009 (Cth)The current version of the Act is to be found at the Federal Register of Legislation website. Includes the National Credit Code in the Schedule 1.
Annotated Legislation
Annotated legislation materials are a good starting point for understanding the law. Note, that these resources may not always be current.
- Miller’s Australian Competition and Consumer Law AnnotatedSearch by keyword or browse by clicking on the + symbol next to each section. Note also its 'Important Developments' section which looks at recent legislative amendments.
- Competition and Consumer Act AnnotatedProvides section-level annotations, comparative tables and references to the latest legislative developments and discussions of recent case law.
Selected Competition Law Cases
- Australian Competition Law CasesBrowse selected competition law cases in the Australian Competition Law website. This site offers case summaries, a list of key Australian cases and some key international cases.
- Australian Competition Tribunal DecisionsThe decisions of the tribunal's reviews are available from 1997 onwards.
Case Citators
Search cases and find subsequent consideration of a particular case. Case citators also list parallel citations, litigation history, legislation and words and phrases judicially considered and cases cited. For Australian cases use:
- CaseBaseCase citator by Lexis Advance. When searching legislation judicially considered in Cases tab fill in the field for 'Act/Regulation' and 'Provision'.
- Jade (Judgments and Decisions Enhanced)Free case citator with advanced features. When searching legislation judicially considered, find the relevant section of the legislation and click on green Jade clips to show citations that judicially refer to the section. Note, when searching sections of the Competition and Consumer Act 2010 that have been judicially considered, Jade will also display older cases of the equivalent state and territory legislation and Trade Practices Act 1974 sections.
- LawCiteFree case citator by AustLII. Useful when searching for lower court decisions. When searching legislation judicially considered fill in fields for 'Legislation Considered' and 'Section'.
Law Report Series
Please note that authorised reports should be used when citing cases.
See Authorised Law Report Research Guide for a list of authorised reports in Australia
- Australian Competition and Consumer Cases (ATPR)First published almost 30 years ago under the name of Australian Trade Practices Reports.
- Australian Trade Practices Reports (ATPR)Renamed to Australian Competition and Consumer Cases in January 2011. Reports from 1974 onwards can be found in CCH under Australian Competition and Consumer Cases.
- Australian Sales and Fair Trading Law Cases (ASAL)Covers years 1998-2011.
- Australian Consumer Credit Law Cases (ASC)Coverage 1997 -
- Australian Consumer Sales and Credit Law Cases (ASC)Covers years 1995-1997.
Major Law Journal Databases
- AGISIncludes a large collection of full text Australian law journals.
- InformitLarge Australasian journal database. To search broader than legal content, select 'by Subject' and tick 'Business & Law'.
- AustLII Legal Scholarship LibraryIncludes Australian full text journal articles, some of which are not indexed on AGIS.
For more information on searching for journal articles see the:
Australian Competition Law Journals
- Australian Journal of Competition and Consumer Law Formerly Trade Practices Law Journal 1993 - 2010
- Trade Practices Law Journal Continued as Australian Journal of Competition and Consumer Law in 2011.
- Australian and New Zealand Trade Practices Law Bulletin Continued as Competition & Consumer Law News. Selective full text available at Informit database.
- Competition & Consumer Law News Previously Australian & New Zealand Trade Practices Law Bulletin.
- ACCCount A quarterly report of the ACCC's activities.
Other Competition Law Journals
- World Competition Law and Economics Review Also called World Competition.
Library Catalogue Search
Search Library Catalogue for books using Keyword search or Subject search. You can narrow your results to Online Books only, however, the number of Australian competition law books in ebook format is limited. See below for the relevant results for:
eBooks
You also can search across various Ebook platforms allowing you to search the full text of books. Click on the eBooks link on the left-hand side of the page to navigate to the eBook databases.
Selected Books on Australian Competition Law
Miller's Australian competition and consumer law annotated by
Miller’s Australian Competition and Consumer Law Annotated has established itself as the essential resource on the Competition and Consumer Act 2010. Practitioners, businesses, academics and students will benefit from the updated legislation in this 42nd edition, and from Russell Miller’s expert annotation commentary at provision level, guiding readers through the meaning of the law with the benefit of judicial interpretation of the provisions of the Act. The book also contains related legislation and materials.
Call Number: eBookPublication Date: 2020
Duggan & Lanyon's consumer credit law by
Duggan & Lanyon’s Consumer Credit Law is suitable for both lawyers specialising in lending as well as those whose practitioners whose involvement with the Code is more peripheral. The updated and revised second edition covers all major developments in legislation and case law since the first edition was published in 1999.
Written by experts in the field, this title concentrates on the Code but covers related laws and various state and territory laws governing the licensing and registration of credit providers and the constitution of tribunals.
Call Number: KN 305.4 K1 BOLIPublication Date: 2020
Consumer protection law in Australia by
Consumer Protection Law in Australia provides a clear and detailed explanation of the application and effect of consumer protection and product liability law in Australia, fostering a sound understanding of the legislative landscape in force since the introduction of the single regulatory scheme. The author explains the mechanism under which the federal and state and territory laws operate and provides a ’road map’ to all aspects of the consumer regime, including regulation and public and private enforcement. Key areas such as consumer guarantees, unfair contract provisions and product liability are comprehensively discussed. The book is an invaluable guide for legal practitioners, academics and students.
Call Number: High use KN 284 K1 BRUCPublication Date: 2019
Corones' competition law in Australia by
Corones’ Competition Law in Australia, 7th edition, provides a comprehensive discussion of the provisions of theCompetition and Consumer Act 2010 (Cth) (CCA) dealing with the regulation of competition and markets in Australia. This book covers disparate topics such as restrictions in horizontal and vertical agreements, mergers and acquisitions, misuse of market power, and access to essential services. The unifying theme of this text is that it is not possible to use a formalistic approach in applying the CCA. The decisions of the courts, and the competition authorities responsible for implementing and enforcing the CCA, underline the need to undertake a detailed substantive economic analysis of the effect of the agreement or conduct at issue on competition, efficiency and consumer welfare.
Call Number: High use KN 266 K1 DUKEPublication Date: 2019
Corones' Australian consumer law by
Corones’ Australian Consumer Law , explains in a detailed yet accessible treatment the substantive rights and remedies of consumers, and the obligations of traders under the Australian Consumer Law (ACL).
The ACL is a uniform consumer protection law that applies in all jurisdictions throughout Australia. This book explains the law created by the ACL and the policy underlying it. This book covers the general and specific provisions of the ACL, and the remedial and enforcement regimes. It examines how the different parts of the ACL inter-relate, the scope for overlap, and why each provision is necessary to provide complete consumer protection.
Call Number: High use KN 284 K1 COROPublication Date: 2019- Annotated competition and consumer legislation by
The 2019 edition of Annotated Competition and Consumer Legislation provides an essential guide to the Australian competition and consumer law in Australia. This title includes the latest legislative amendments to 1 January 2019 and provides commentary on, inter alia, the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 which gives effect to a number of proposals of the Australian Consumer Law Review Final Report, the Treasury Laws Amendment (2018 Measures No 3) Act 2018 which aligns the Australian Consumer Law penalties with the competition law provisions, and the Treasury Laws Amendment (Gift Cards) Act 2018 which introduces a minimum three-year expiry period for gift cards; as well as noting the impact on intellectual property licensing of the proposed Treasury Laws Amendment (2018 Measures No.5) Bill 2018 and the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018 which provides for divestiture in the wholesale electricity market.
Call Number: High use KN 266 K1 STEIPublication Date: 2019
- Australian competition law by
Australian Competition Law provides an engaging and authoritative treatment of Australian competition law and is an ideal text both for practitioners and for those studying the subject for the first time.
The clear explanations of complex concepts and the lively style foster a sound understanding of the legal principles of competition law in Australia and its economic underpinnings. It includes a chapter how to understand competition law cases to develop skill in area-specific case analysis.
Call Number: High use KN 266.2 K1 BRUCPublication Date: 2018
Australian consumer law : commentary and materials by
Australian Consumer Law: Commentary and Materials contains up-to-date material on the Australian Consumer Law which came into operation on 1 January 2011, replacing 17 different pieces of Commonwealth, State and Territory legislation relating to consumer protection. The sixth edition has been thoroughly revised and updated for the following developments:
Call Number: High use KN 284 K1 AUSTPublication Date: 2018
Australian Cartel Regulation by
Cartel regulation is a prime element of competition policy and an essential means of minimising the adverse effects of cartel activity on economic welfare. However, effective cartel regulation poses distinct challenges for governments, competition authorities and commentators across the globe. In Australian Cartel Regulation, leading competition law experts Caron Beaton-Wells and Brent Fisse reflect on developments in anti-cartel law in Australia over the last 30 years. They provide a comprehensive account of the current law on cartels as well as discussing key issues that may arise in the future. This definitive volume not only identifies the practical and theoretical issues, but also recommends workable solutions, and does so with the benefit of comparative analysis of the anti-cartel laws of major overseas jurisdictions. Many of the issues identified and discussed in Australian Cartel Regulation are common to any scheme designed to regulate cartel conduct.
Call Number: eBookPublication Date: 2011
Major Commonwealth Agencies
- Australian Securities and Investments Commission (ASIC)Is Australia’s corporate, markets, financial services and consumer credit regulator.
- Australian Competition & Consumer Commission (ACCC)ACCC is the national regulator for competition matters. Its resources for business provides information on anti-competitive behaviour, for example, on cartels, exclusive dealings, misuse of market power and pricing.
- National Competition Council (NCC)A research and advisory body whose main function is to make recommendations on the third party access to services provided by monopoly infrastructure regulations under Part IIIA of the Competition and Consumer Act 2010.
- Commonwealth Consumer Affairs Advisory Council (CCAAC)Provides the Government with independent advice on issues related to consumer. It reports to the Minister responsible for competition and consumer issues.
- Australian Energy Regulator (AER)An independent statutory authority created to regulate national energy markets and has responsibilities under National Electricity Law 2005.
- Australian Energy Market Commission (AEMC)Creates and amends the rules for the national electricity market and segments of the natural gas markets.
- Australian Competition Tribunal DecisionsThe decisions of the tribunal's reviews are available from 1997 onwards.
- Federal Court of Australia (FCA)FCA makes decisions on matters related to consumer protection and anti-competitive conduct.
- Legislative and Governance Forum on Consumer Affairs (CAF)Formerly known as the Ministerial Council on Consumer Affairs (MCCA). Consists of all Commonwealth, State, Territory and New Zealand Ministers that are responsible for consumer protection and fair trading laws.
- Product Safety AustraliaA site created by the ACCC. A website it administers on behalf of all Australian consumer product safety regulators in states and territories. Includes various product categories.
Major State and Territories Competition Agencies
Major States and Territories Consumer Agencies
Inquiries & Reports
Please note, the references provided are not exhaustive of all the inquiries, reports and guidelines of the competition authorities in Australia.
The Australian Competition Law website provides a list of inquiries and reports from 1976 including links to full text documents.
- Australian Competition Law websiteThis website is designed to provide resources relating to Australia's competition laws. It includes links to legislative history, guidelines, expert and judicial profiles, a chronology of Australian competition law and key links to further resources.
Merger Guidelines
Australian Competition & Consumer Commission (ACCC) Merger Guidelines were published November 2008 providing clarification on the assessments of acquisition under sections 50 and 50A of the Competition and Consumer Act 2010 (the Act) formerly the Trade Practices Act 1974 (Cth).
- The Informal Merger Review Process Guidelines 2013supplement the Merger Guidelines 2008.
- ACCC Media MergersThe ACCC Media Mergers publication from October 2017 provides guidance on the approach to media mergers.
- ACCC Draft Media Merger GuidelinesThe ACCC Draft Media Merger Guidelines have been published August 2016, submissions will close 14 October 2016.
Other Guidelines
The Australian Competition Law website provides links to ACCC guidelines, including in relation to:
- Cartels
- Exclusive dealing
- Administration including use of s 155 notices
- Authorisation and notification
- Collective bargaining
- Compliance
- Investigations and enforcement
- Leniency and immunity
- Misuse of market power
- Australian Competition Law websiteThis website is designed to provide resources relating to Australia's competition laws. It includes links to legislative history, guidelines, expert and judicial profiles, a chronology of Australian competition law and key links to further resources.