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In Marks v GIO Australia Holdings Ltd (1998) 196 CLR 494, the High Court referred to the Trade Practices Act 1974 (Cth) as ‘a fundamental piece of remedial and protective legislation which gives effect to matters of high public policy’, adding that, ‘it is to be construed so as to give the fullest relief which the fair meaning of its language will allow’.
Are these dicta equally applicable to the Australian Consumer Law (Cth) (‘ACL’)?
In answering this question, you should make reference, amongst other things, to each of the following:
a) Parliament’s reasons for enacting the ACL;
b) The practical impact of the ACL; and
c) Any reforms that have been, or should be, made to the ACL.
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