Misleading or deceptive conduct

Misleading or deceptive conduct (often referred to as just misleading conduct) is a doctrine of Australian law.

Section 18 of the Australian Consumer Law,[1] which is found in schedule 2 of the Competition and Consumer Act 2010,[2][3] prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. The states and territories of Australia each have Fair Trading Legislation either containing similar provisions in relation to misleading or deceptive conduct by individuals, or simply applies the federal law to the state or territory.[4] Section 12DA of the Australian Securities and Investment Commission Act 2001 prohibits misleading or deceptive conduct in financial services.[5]

The doctrine aims primarily to provide consumer protection by preventing businesses from misleading their customers. However, it extends to all situations in the course of trade or commerce. A range of remedies are available in the event of misleading or deceptive conduct.

  1. ^ Competition and Consumer Act 2010 (Cth) Schedule 2, The Australian Consumer Law.
  2. ^ Cite error: The named reference CCA was invoked but never defined (see the help page).
  3. ^ formerly the Trade Practices Act 1974 (Cth).
  4. ^ Fair Trading Act 1987 (NSW) s 28; Australian Consumer Law and Fair Trading Act 2012 (Vic) s 8; Fair Trading Act 1989 (Qld) s 16; Fair Trading Act 1987 (SA) s 14; Fair Trading Act 1990 (Tas) s 14; Fair Trading Act 1987 (WA) s 10; Consumer Affairs and Fair Trading Act 1990 (NT) s 27; Fair Trading (Australian Consumer Law) Act 1992 s 7.
  5. ^ Australian Securities and Investment Commission Act 2001 (Cth)