Misleading or Deceptive Conduct Under the Australian Consumer Law

Substantive Law

CPD Points 1

Claims for misleading or deceptive conduct frequently come up in litigious matters. This means it is important to understand how the key provisions work and what you can do to put your client in the best possible position – whether they are making or defending a claim.

This course explores various aspects of claims for misleading or deceptive conduct under section 18 of the ACL. It covers a range of topics including:

  • proving a claim for misleading or deceptive conduct;
  • the importance of distinguishing statements of opinion and statements of fact;
  • the operation of exclusion clauses, disclaimers and declarations;
  • pleading a claim for misleading or deceptive conduct; and
  • remedies for successful claims, focusing on claims for damages.

 The course also discusses a number of cases which show how the courts have applied section 18 and provides some practical guidance to practitioners involved in litigating such claims. 

Author Profile

Sally Whiteman

Sally Whiteman

Sally Whiteman is a barrister practicing primarily within Victoria. Her main practice areas include commercial, consumer, employment, defamation, regulatory and criminal law. 

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