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Misleading Conduct and the Australian Consumer Law

Misleading conduct and the Australian Consumer Law

Parties who suffer loss as a result of relying on misleading or deceptive conduct may have rights under the general law and the Australian Consumer Law.

Under general law, the legal remedies available often depend on whether a representation was made fraudulently or negligently. Under the Australian Consumer Law, those distinctions are not always relevant to the remedies available.

Remedies may also arise under both the general law and the Australian Consumer Law in cases involving unconscionable conduct or where a party has entered into an agreement based on a mistake as to the underlying facts or terms.

In many transactions, the Australian Consumer Law also implies statutory guarantees and provides remedies, even where contractual terms suggest otherwise.

Our litigation lawyers have extensive experience in matters involving misleading and unconscionable conduct, and provide clear advice on the requirements of a claim and the factors that may affect the outcome.

For all enquiries in relation to misleading conduct and the Australian Consumer Law, please contact us on 0755 740111 or admin@qbmlaw.com.au.

Suffered Loss Due to Misleading Conduct? Find Out Where You Stand

QBM Lawyers has extensive experience in misleading conduct and Australian Consumer Law claims. Our litigation lawyers can assess your position and advise on the remedies available to you.

(07) 5574 0111 | admin@qbmlaw.com.au | Mon – Fri, 08:30 – 17:00
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Frequently Asked Questions

Misleading or deceptive conduct occurs where a party makes a representation that leads another party to form an incorrect understanding, resulting in loss. This can arise in commercial, property or business transactions.
Not always. Under the Australian Consumer Law, it is not necessary to prove that the conduct was intentional. The focus is on whether the conduct was misleading and caused loss.
Remedies may include compensation for loss, rescission of a contract, or other court orders. The available remedies depend on the circumstances and whether the claim arises under general law or the Australian Consumer Law.
In many cases, no. The Australian Consumer Law may imply statutory guarantees and provide remedies even where a contract attempts to limit or exclude liability.
You should seek legal advice promptly and gather any relevant documents, including contracts and communications. Early advice can help assess whether you have a viable claim and the options available.

Frequently Asked Questions

Misleading or deceptive conduct occurs where a party makes a representation that leads another party to form an incorrect understanding, resulting in loss. This can arise in commercial, property or business transactions.

Not always. Under the Australian Consumer Law, it is not necessary to prove that the conduct was intentional. The focus is on whether the conduct was misleading and caused loss.

Remedies may include compensation for loss, rescission of a contract, or other court orders. The available remedies depend on the circumstances and whether the claim arises under general law or the Australian Consumer Law.

In many cases, no. The Australian Consumer Law may imply statutory guarantees and provide remedies even where a contract attempts to limit or exclude liability.

You should seek legal advice promptly and gather any relevant documents, including contracts and communications. Early advice can help assess whether you have a viable claim and the options available.

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