In our practice, misleading or deceptive conduct claims founded
in section 18 of the Australian Consumer Law
(ACL) are commonly seen. Part of the reason for
this is that parties are often looking for a way to get around
terms of contracts that they have agreed to, or to hold someone
accountable when there is no applicable contractual term
available.
While the ACL is a consumer-focused piece of legislation, the
scope of section 18 is broad and applies in both consumer and
commercial contexts. In this article, we look at learnings from two
areas where we are seeing misleading or deceptive conduct
allegations in commercial cases, being:
- The role of silence as relevant conduct.
