Blog Bite: What are the reasons that Australia's Consumer Law trumps the choice of law clause?

This article posted on our partner site Mondaq.com discusses this recent Federal Court of Australia decision in which an American refund policy violated Australian consumer legislation. The court found that the statutory guarantees continued to the apply to the supply provisions under the contract and the statute makes a contract void to the extent it attempts to modify or exclude a remedy. Resultantly, the Australia consumer guarantees apply to goods that are supplied to Australian consumers and cannot contract out of those guarantees even through choosing a foreign law.

This comes to you as a part of Clausehound’s exciting new collaboration with Mondaq!