The Federal Government has amended the Competition and Consumer Act 2010 (Cth) to enable small businesses to enforce competition laws. While most competition cases are handled by the ACCC due to the time, costs and complexity of individuals bringing a private action against large corporations, the amendments are intended to increase small businesses’ access to justice in the future. The changes will allow for a ‘no adverse costs’ order for individuals or small businesses to make a claim under the Act without adverse costs being awarded against them. This will mean in future that if a ‘no adverse costs’ order is made by the court, the person bringing the action will not be held liable for the other party’s costs if they are unsuccessful.

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