Section 18 of the Australian Consumer Law (previously s52 of the Trade Practices Act 1974) deals with misleading and deceptive conduct. It provides that a person (or corporation), in trade or commerce, shall not engage in conduct that is misleading or deceptive, or is likely to be misleading or deceptive. Our Consumer Lawyers have extensive experience acting for victims of misleading and deceptive conduct, as well as those who have been accused of engaging in misleading conduct.
Conduct that merely confuses or causes uncertainty is not necessarily misleading and deceptive conduct. Rather the conduct must be judged by the impact it has on the audience (usually the public). It is not necessary that anyone actually be misled; the likelihood of a person being misled will generally suffice. Types of conduct that can be caught include, amongst other things, pre-contractual statements, statements that give a false impression, broken promises and false predictions, exaggerated advertising and even silence if used to create a false impression.
Our Consumer Lawyers are particularly experienced in the law governing misleading and deceptive conduct. We have assisted a variety of consumers and traders in a diverse range of matters over the past decade, with a focus on delivering quality and professional legal advice. Contact our office to arrange a consultation with an experienced Consumer Lawyer, you can call us on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney