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Publications on this website are provided as a service to clients, colleagues, and others for general information only. This information is not designed to provide legal or other advice or create a lawyer-client relationship. You should not take, or refrain from taking action based on its content.

What is Misleading & Deceptive Conduct?

Section 18 of the Australian Consumer Law prohibits misleading and deceptive conduct. The text of the section is quite simple: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This simple section has enormous power and surprising breadth. It has been used in a wide variety of situations. Its application is not restricted to what we would typically think of as consumer law issues. The section applies to any conduct, in trade and commerce. This includes business to business transactions. It is not limited to small transactions – it can apply to billion dollar transactions. The section cannot be contracted out o

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