Australian Consumer Law
Misleading or deceptive conduct is a cause of action arising from the Australian Consumer Law which is legislated in schedule 2 of the Competition and Consumer Act 2010 (Cth) (formerly the Trade Practices Act 1974 (Cth)). Misleading or deceptive conduct can occur in all facets of daily life, including in business and personal dealings on the Gold Coast and nationwide.
The ACL contains a provision which aims to protect consumers by preventing businesses from misleading customers. Section 18 of the ACL provides:
(1) a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive.
Section 18 has two elements:
1. The conduct must occur in the course of ‘trade or commerce’; and
2. The conduct must be misleading or deceptive or likely to mislead or deceive.