Law of Mislead or Decept Conduct 4e

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. Features * Cited multiple times in various court decisions Related Titles * 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

Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct examines 20 years of case law argued under section 9 and lays out the consequent principles from the Fair Trading Act 1986. As knowledge about the expertise in fair trading actions has become an integral and daily part of commercial law this therefore is an essential resource for commercial lawyers, litigators and students. Fair trading is the one area where being right first time matters: this book is therefore an invaluable resource.

Providing an indispensable comparative and in-depth resource, FAIR TRADING: MISLEADING OR DECEPTIVE CONDUCT 2nd edition, examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is "conduct" "in trade" that is "misleading or deceptive". The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises. The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law FAIR TRADING: MISLEADING ORDECEPTIVE CONDUCT 2nd edition will become the essential resource for commercial lawyers, litigators and students.