Marina was riding her bicycle and fell off when she hit a bump in the road. This accident left

Marina with a very sore knee. Her knee was swollen and had cuts and bruises. Marina visited

her local doctor and luckily, x-rays confirmed her knee was not broken. Her doctor

recommended that Marina see a physiotherapist for her sore knee.

Marina recalled seeing an advert for local physiotherapist, Physio Plus, which said "Expert

treatment for injuries using latest techniques". She made an appointment and was provided

with treatment on her sore knee. The treatment included massage with a herbal anti-

inflammatory cream.

Unfortunately, Marina developed a severe rash and a burning sensation around her knee

almost immediately after the treatment. This reaction meant Marina was not able to attend her

shift the next day as a barista in a caf and she lost $200 in wages.

Marina complained to Physio Plus who assured her that the herbal anti-inflammatory cream

is highly recommended by Byron Bay Alternative Health Practitioners Association as being

great to 'help injuries heal by helping guard against the entry of negative energies into the

body' and that Physio Plus often uses and recommends the cream. Marina is not convinced

because she has read on google that the manufacturer of the cream states that the main

ingredients in the cream, tea tree oil and powdered pepper, should not be applied to broken

skin, cuts or bruises.

Question 1

Marina seeks your advice about how the consumer guarantees under the Australian Consumer law apply to her situation. Include advice about whether she is likely to be successful in a claim, and what damages she may be able to claim. Do not discuss other aspects of the ACL, contract law, or negligence.

Question 2

Advise Physio Plus whether a claim that it relied on the Byron Bay Alternative Health

Practitioners Association's recommendation is likely to protect it from Marina's claim.

Question 3

Discuss how the consumer guarantees that you have discussed above allocate the risk

between consumer and supplier, including the policy reasons underlying the allocation. Do

you agree with this allocation of risk? Explain why