The Law of Misleading Or Deceptive Conduct, 6th Edition

The Law of Misleading Or Deceptive Conduct, 6th Edition PDF

Author: C Lockhart

Publisher:

Published: 2023-08-25

Total Pages: 0

ISBN-13: 9780409356793

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The Law of Misleading or Deceptive Conduct primarily refers to the provisions of the Competition and Consumer Act 2010 (Cth) (the CCA) and the Australian Consumer Law ACL, and their Australian Securities and Investments Commission Act 2001 (Cth), Corporations Act 2001 (Cth) and Fair Trading Act 1986 (NZ) counterparts. A notable legislative change has been the amendment of s 137H of the CCA whereby the statutory presumption as to facts found was extended to facts admitted in prior proceedings. The Federal Court Rules 2011 (Cth) were also amended from 13 January 2023 to alter the grounds for, and procedure applicable to, service out of the jurisdiction, with significant implications for service out in misleading conduct claims in that court. In preparing this 6th edition of The Law of Misleading or Deceptive Conduct, the author has reviewed roughly 900 Australian and New Zealand decisions. Since publication of the 5th edition in 2018, the steady stream of case law has provided further clarity on the parameters of the causes of action based on breach of the statutory proscriptions of conduct that is, or likely to be, misleading or deceptive. Features * Cited multiple times in various court decisions Related Titles * Beatty, Annotated National Credit Code, 7th edition * Bolitho, Howell & Paterson, Duggan & Lanyon's Consumer Credit Law, 2nd edition * Sharpe, Unconscionable Conduct in Australian Consumer and Commercial Contracts, 2nd edition

Fair Trading

Fair Trading PDF

Author: Lindsay G. S. Trotman

Publisher:

Published: 2006

Total Pages: 360

ISBN-13: 9780408718417

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Providing an indispensable comparative and in-depth resource, Fair Trading: Misleading or Deceptive Conduct examines 20 years of case law argued under section 9 and lays out the consequent principles from the Fair Trading Act 1986. As knowledge about the expertise in fair trading actions has become an integral and daily part of commercial law this therefore is an essential resource for commercial lawyers, litigators and students. Fair trading is the one area where being right first time matters: this book is therefore an invaluable resource.

Australian Consumer Law

Australian Consumer Law PDF

Author: Adrian Coorey

Publisher:

Published: 2015-01-23

Total Pages:

ISBN-13: 9780409339031

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Australian Consumer Law contains clear and engaging coverage of all key areas of the Australian Consumer Law (ACL), including misleading or deceptive conduct, unconscionable conduct, unfair contract terms, consumer guarantees, manufacturersoÂeÂ(tm) liability and specific unfair practices. This comprehensive new book includes four chapters offering detailed analysis of misleading or deceptive conduct and specific false or misleading representations, covering the general principles and misleading conduct both in advertising and other areas of law. It examines and compares the advantages and disadvantages of actions brought under s 18 of the ACL with other options for redress. It contains an in-depth examination of the ACL remedies and enforcement powers of the Australian Competition and Consumer Commission (ACCC) including damages, pecuniary penalties, injunctions, declarations and disqualification orders. The author provides practical and theoretical analysis of important recent decisions on Australian consumer law, as well as summaries of and short extracts from relevant primary and secondary sources such as legislation, ACCC guidelines, Explanatory Memoranda and Second Reading Speeches. Each chapter includes case summaries, theory and problem questions and and further reading. The writing style is clear and succinct and the discussion includes a wide range of examples and analogies to explain complex areas of law. The depth and practical application of the text makes it ideal for undergraduate and postgraduate students of Australian consumer law or the more specific subject of misleading or deceptive conduct. It is also a valuable resource for researchers and lawyers practising in this area. Features oÂeo Covers all key topics, including misleading conduct and passing off, public enforcement and private remedies oÂeo Clear, accessible and easy to navigate design makes complex concepts easier to understand oÂeo Includes revision and problem questions to consolidate learning

Fair Trading

Fair Trading PDF

Author: Lindsay G. S. Trotman

Publisher:

Published: 2013

Total Pages: 378

ISBN-13: 9781927149423

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Providing an indispensable comparative and in-depth resource, FAIR TRADING: MISLEADING OR DECEPTIVE CONDUCT 2nd edition, examines 26 years of section 9 case law and distils the consequent principles from the Fair Trading Act 1986. The authors explore the key elements of an action under section 9: namely that there is "conduct" "in trade" that is "misleading or deceptive". The authors then consider examples of potentially misleading or deceptive conduct: including nondisclosure of information, opinions and advice, laudatory statements, predictions and promises. The second part of the book covers procedural aspects, liability as a party or principal under the Fair Trading Act 1986, and its defences. Finally, remedies for a breach, including injunction, damages, and miscellaneous additional remedies found in section 43 are reviewed. As knowledge about and expertise in fair trading actions has become an integral and daily part of commercial law FAIR TRADING: MISLEADING ORDECEPTIVE CONDUCT 2nd edition will become the essential resource for commercial lawyers, litigators and students.

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