IN BRIEF
In the course of doing business, you are not allowed to engage
in misleading or deceptive conduct. But what if you utilise your
personal expertise and experience to make general comments about
your industry – for instance, by publishing an article in a
trade magazine, or delivering a public lecture? These sorts of
activities are often half-marketing, half-not. So what can and
can't you say? And what are the risks involved? The Full Court
of the Federal Court recently considered this question in
Fletcher v Nextra Australia Pty Ltd.1
WHAT HAPPENED?
Mr Fletcher operated a newsagency, had a 50% stake in a
newsagency franchisor called newsXpress Pty Ltd, owned a software
company which produced software for newsagents, and also operated
the Australian Newsagency Blog, which contained articles and
commentary on the industry.
