Many parties have remedies either under the general law or under the Australian Consumer Law if they have suffered a loss because of their reliance upon the representation of a third party.
At the general law, the remedies available will often depend upon whether the representation was non fraudulent (ie unintentional or negligently made) or fraudulent (ie intentionally deceptive). Under the Australian Consumer Law, those distinctions are not necessarily relevant to the remedies.
There are other remedies available pursuant to the general law and the Australian Consumer Law including remedies for conduct which is unconscionable (ie harsh and unreasonable) or where one or the other party is mistaken as to the true facts or terms of an agreement.
Furthermore, in many transactions the Australian Consumer Law implies certain warranties and provides for remedies, even if the transaction documents provide otherwise.
Our litigation lawyers are well versed in litigation for misleading and unconscionable conduct and know what is necessary to make out a case and what factors will impact upon the remedies sought.
At QBM Lawyers we focus on delivering effective results to clients and have the management, support, and facilities to do so. We understand our clients’ aims, acknowledge their challenges and opportunities and are able to listen and respond to their commercial needs.