Product Risk Insights

10 December 2007

Product risk involves more than just product liability, safety and regulation issues. The legal issues associated with the manufacture and distribution of products cover a broad spectrum of potential legal risk.

This issue of Product Risk Insights considers six topics: the availability of exemplary damages under Australian law; the admissibility of opinion expert evidence, the power of the ACCC to obtain documents in relation to product safety issues, the insurance trigger for asbestos claims, misleading, deceptive and unconscionable conduct and Australian companies' exposure for imported goods.

Made in China: Caveat venditor

By Jocelyn Kellam and Madeleine Kearney.

A cheap import could turn out to be quite expensive if it breaches Australian product liability laws. Jocelyn Kellam and Madeleine Kearney look at the current spate of recalls of Chinese goods, the latest developments there to improve quality control, and how you can minimise risk as an importer or supplier.

Defective products or defective powers?

By Madeleine Kearney.

So you are being investigated by the ACCC in respect of an unsafe product. The powers of the Commission to obtain documents may be more limited than you think, says Madeleine Kearney.

Who loves ya baby? Misleading, deceptive and unconscionable conduct

By Mandi Chonowitz.

Targeting a gullible, uneducated and stupid audience can give rise to legal liability, with the courts applying the unconscionable conduct provisions of the Trade Practices Act, as Mandi Chonowitz reminds us.

"The reports of my death are greatly exaggerated": Exemplary damages in Australia

By Andrew Morrison and Mary Sheargold.

Civil liability reforms have not abolished exemplary damages for intentional torts in Australia, note Andrew Morrison and Mary Sheargold.

Is your finger on the trigger? Asbestos and insurance

By Ray Giblett and Shusmita Chowdhury.

Insurance policies are carefully worded documents. An recent asbestos decision again raises the question of what the relevant trigger to indemnity is, as Ray Giblett and Shusmita Chowdhury explain.

"In all matters of opinion, our adversaries are insane"[1]: Mere opinion or expert evidence?

By Chris Moore.

Chris Moore reviews the requirements for an expert report to be admissible in Australia in light of recent case law.
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