A recent case in the Supreme Court of Victoria has departed from the reasoning of NSW courts when it comes to imposing a time limit on bringing claims under s18 of the Australian Consumer Law (ACL) for misleading or deceptive conduct. In Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 the court held that a clause imposing a time bar of seven days on any claim under the ACL was invalid, as any restriction is an ‘unacceptable interference with the public policy underpinning the provisions.’ However, this differs from the approach taken by NSW courts in Lane Cove Council v Michael Davies & Associates [2012] NSWSC 727, where a similar clause was held to be valid, as it did not exclude the operation of the ACL but only regulated it. Going forward, contracts under Victorian and New South Wales law may differ on this point.

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