Misleading And Deceptive Conduct

What Is Misleading And Deceptive Conduct?

Misleading or Deceptive Conduct” provision of the Australian Consumer Law is one of most commonly used provision in litigation in Australia.

Section 18 of the Australian Consumer Law, which is found in schedule 2 of Competition and Consumer Act 2010, states that a corporations, in trade or commerce, must not engage in conduct which is misleading or deceptive or is likely to mislead or deceive. “Likely to mislead or deceive” is a critical term in this provision. It means that intention to mislead or deceive is NOT required. You could have made a statement with genuine believe that it is true, but turned out to be false, you can still be liable for breaching this provisions of the Australian Consumer Law.

Each State and Territory of Australia also have Fair Trading Legislation either containing similar provisions in relation to misleading or deceptive conduct by individuals,

This provision is aimed primarily to provide consumer protection by prohibiting businesses from misleading customers. However, it has been extended to all situations in the course of trade or commerce.

A range of remedies are available in the event of misleading or deceptive conduct including compensation for loss suffered, injunctive relief, avoidance of contract, etc.


According to deceptive conduct defined by the Australian consumer law, here are some points to be remembered:

  • The Australian Consumer Law has strict provisions for dealing with any type of deceiving or beguiling behaviour regardless of the intention which happens over an exchange of trade or business.
  • The denial of appropriate exchange of trade or business between two concerned parties is viewed under the lens of misguided conduct.
  • The various other cases that come under the scanner of deceptive behaviour include incorrect claims, misguided recommendations, false information and the sharing of confidential data.

Our legal team of litigation lawyers in Perth can assist you with any type of misleading and deceptive conduct case. After analyzing all aspects to the case, we will guide you through all the legal formalities and help you achieve the best possible solution.

For advice on misleading and deceptive conduct, please get in touch with our experienced legal team.

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