The Law of Misleading or Deceptive Conduct, 6th edition
An incisive analysis of key statutory provisions and case law
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The Law of Misleading or Deceptive Conduct primarily refers to the provisions of the Competition and Consumer Act 2010 (Cth) (the CCA) and the Australian Consumer Law ACL, and their Australian Securities and Investments Commission Act 2001 (Cth), Corporations Act 2001 (Cth) and Fair Trading Act 1986 (NZ) counterparts. A notable legislative change has been the amendment of s 137H of the CCA whereby the statutory presumption as to facts found was extended to facts admitted in prior proceedings. The Federal Court Rules 2011 (Cth) were also amended from 13 January 2023 to alter the grounds for, and procedure applicable to, service out of the jurisdiction, with significant implications for service out in misleading conduct claims in that court.
In preparing this 6th edition of The Law of Misleading or Deceptive Conduct, the author has reviewed roughly 900 Australian and New Zealand decisions. Since publication of the 5th edition in 2018, the steady stream of case law has provided further clarity on the parameters of the causes of action based on breach of the statutory proscriptions of conduct that is, or likely to be, misleading or deceptive.
• Cited multiple times in various court decisions
• Beatty, Annotated National Credit Code, 7th edition
• Bolitho, Howell & Paterson, Duggan & Lanyon’s Consumer Credit Law, 2nd edition
• Sharpe, Unconscionable Conduct in Australian Consumer and Commercial Contracts, 2nd edition
Table of contents
- PART A: The Prohibition of Misleading or Deceptive Conduct
- Chapter 1 The Prohibitions Identified, Exempt Persons and Territorial Scope
- Chapter 2 ‘Conduct in Trade or Commerce’
- Chapter 3 ‘Misleading or Deceptive’: General Issues
- Chapter 4 Express Statements
- Chapter 5 Non-Disclosure
- Chapter 6 Implying Commercial Association
- PART B: The Legal Consequences of Misleading or Deceptive Conduct
- Chapter 7 Remedies for Misleading or Deceptive Conduct: General Issues
- Chapter 8 Persons Liable for the Consequences of Misleading or Deceptive Conduct
- Chapter 9 Preventative, Corrective and Declaratory Orders
- Chapter 10 Loss or Damage ‘by’ or ‘because of’ Misleading or Deceptive Conduct: Causation
- Chapter 11 Compensatory Orders
- Chapter 12 Limitation Periods