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4. False, Misleading and Deceptive Conduct and Representations under Statute

“The search for individualised justice has led to very large changes in statute law and in common law principle. No court proceeding is now thought to be respectable unless one or other party alleges contravention of the Trade Practices Act [Competition and Consumer Act] and I await with interest the day when a charge of homicide is met by a plea of misleading or deceptive conduct.”[1]


This Chapter addresses those provisions of the Competition and Consumer Act 2010 (Cth) (CCA) Schedule 2 – i.e., the Australian Consumer Law (ACL) – that regulate the areas of false, misleading and deceptive statements and conduct.

  1. Speech by Hayne J at the Law of Obligations Conference in Melbourne, 15 July 2004.


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Svantesson on the Law of Obligations Copyright © 2022 by Dan Svantesson is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.