What is misleading or deceptive conduct?

May 11, 2023 | Publication

The law in Australia recognises claims for misleading or deceptive conduct in some circumstances.

The Australian Consumer Law which is set out in Schedule 2 of theCompetition and Consumer Act 2010 (Commonwealth) (which was formerly the Trade Practices Act 1974 (Commonwealth)) states that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

The words ‘trade or commerce’ mean trade or commerce within Australia or between Australia and places outside Australia.

The Australian Consumer Law also provides that a person must not, in trade or commerce, make a false or misleading representation of various matters (see section 29 of Schedule 2).

A person must not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose of the quantity of any services (see section 34 of Schedule 2).

Options as to relief when there has been misleading or deceptive conduct include damages (money) and injunctions.

It is important to obtain legal advice and representation regarding your position.  For an obligation free discussion please contact our office on (02) 9633 1826 or emailreception@mcauleylawyers.com.au

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