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Category Archives: Products Liability

Updated product safety mandatory reporting guidance for suppliers now available

Today the Australian Competition and Consumer Commission (ACCC) published its updated Mandatory Reporting Guideline to help businesses understand and comply with their mandatory reporting obligations. The updated guideline also recommends voluntary reporting of incidents that do not meet the mandatory reporting requirements, such as near misses, to help provide the ACCC with an early indication […]

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Over 155,000 cars with deadly Takata airbags still on the roads says ACCC

According to ACCC’s Product Safety Australia (31 July 2020 https://www.productsafety.gov.au/news/over-155000-cars-with-deadly-takata-airbags-still-on-the-roads) at least 155,000 vehicles containing potentially deadly Takata airbags are still on our roads and with less than six months before manufacturers are expected to complete their recall of these vehicles, the ACCC is urging consumers to check if their vehicles are affected and if […]

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Product liability

Source: www.fasterway.com.au This is a typical fracture surface. This is a threaded connection (hence the appearance of a depression around the circumference). The fracture surface was smooth, flat, and perpendicular to the principal axis of the bolt. Crack progression marks (beach marks) extended radially from one side of the bolt and covered approximately 90% of the fracture […]

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Failure to pass a Standard does not of itself establish negligence

Garrett v Hills Industries [2006] QDC 299 –  Even if a device of product failed to pass all relevant tests of the Australian standard, this would not, of itself, establish negligence: O’Connor v Hansen Wilckens Hornibook Constructions Ltd (1968) 42 ALJR 239; Crisa v John Shearer Ltd (1981) 27 SASR 422 at 428. Failure to follow […]

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