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The phrase “misleading and deceptive conduct” is one which is well known amongst Australians. Misleading and deceptive conduct is prohibited concurrently by both state and federal legislation. The broad statutory provisions provide that a person or corporation, in trade or commerce, must not engage in conduct that is misleading and deceptive, or that is likely to be misleading or deceptive.

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 (which is in most cases the public). The likelihood of conduct being misleading or deceptive is sufficient to satisfy a breach of the provisions.

The word “conduct” is not limited to advertising. It includes product packaging, endorsements, logos and verbal discussions. In some circumstances, silence can also be construed as being misleading and deceptive conduct.

The misleading and deceptive conduct statutory provisions are designed to be broad in nature. Providers of goods or services should ensure that they are familiar and understand the laws governing misleading and deceptive conduct.

The law also prescribes some more specific provisions in relation to prohibited conduct. Amongst other things, those provisions disallow the making of false or misleading representations:

  • That goods are of a particular standard, quality, value, grade, composition, style or model;
  • That goods are new;
  • Concerning the place of origin of goods; and
  • With respect to the price of goods or service.

Serious repercussions can arise for individuals or corporations partaking in conduct that is misleading or deceptive, including fines, injunctive orders, and liability to payment of damages and other orders.

Misleading and deceptive conduct may be relevant to your motor claim, especially where you may have been induced to complete the sale by such conduct.

If you consider a motor dealer to have engaged in misleading or deceptive conduct, we recommend that you contact our office and arrange an appointment to see one of our Motor Dealer Claims and Disputes Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.

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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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