Misleading and Deceptive Conduct
We have advised our clients on all issues pertaining to misleading and deceptive conduct for 25 years. We have handled complex litigation in the Federal Court, Supreme Court, District Court and Magistrates Courts in both prosecuting and defending the most complicated misleading and deceptive conduct claims in those courts.
These cases involve claims pursuant to the Trade Practices Act 1974 (Cth) (now Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and Corporations Act 2001 (Cth) breaches and claims against company directors.
Our practice is located outside of the Perth CBD and because of this our hourly rates and fixed prices for commercial work and for litigation are 20% lower than the standard rates charged by most Perth law firms. Our rates are extremely competitive compared to the rates charged by other commercial law firms.
Different types of Misleading and Deceptive Conduct
There are a number of different types of conduct that may be construed to be misleading or deceptive conduct:
* Misleading Statements
A person who makes a misleading statement can be found to be in breach of Section 18 of Australian Consumer Law. This also includes third parties who create, adopt or endorse misleading or deceptive statements.
* Statements About the Future
If a statement projects or forecasts the future it can be deemed misleading or deceptive. Statements about the future are not misleading simply because they turn out to be false – the ruling factor will be whether or not the party making the statement had reasonable grounds for making a statement predicting the future and whether the party making the statement knew the statement was untrue or correct.
* Silence as Misleading or Deceptive Conduct
Misleading or deceptive conduct can also consist of omissions or silence in relation to relevant information. For example:
a. one person fails to alert another to facts known only to them, and the facts are relevant to a decision;
b. important details a person should know are not conveyed to them;
c. a change in circumstance meant information already provided was incorrect.
For instance, if a property developer fails to disclose material information about real estate, this can amount to misleading and deceptive conduct.
Misleading or deceptive conduct may lead to civil remedies, including:
- compensatory orders
- orders for non-party consumers
- non-punitive orders.
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