Businesses beware When does the Australian Consumer Law apply

The Australian Federal Court has confirmed that the Australian Consumer Law (ACL), including the consumer guarantees, can apply to the supply of goods by an overseas online platform even if the contract is governed by foreign law. Given the growth and popularity of online marketplaces, online and international businesses should consider whether they are subject to the ACL and amend their customer agreements to ensure compliance. This case also serves as a warning to Australian businesses selling their products online to overseas consumers to consider whether, despite choice of law provisions, they are caught by the reach of foreign consumer laws and regulators.