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The recent Administrative Appeals Tribunal (Tribunal) decision of Hannaford and Telstra Corporation Limited [2008] AATA 979 examined the application of section 7(1) of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) in relation to liability for diseases under that Act.

vendor's silence in relation to contamination may not always constitute misleading or deceptive conduct. The recent NSW Supreme Court decision in Vitek v Estate Homes Pty Ltd [2010] NSWSC 237 (Vitek) confirms that silence will be misleading or deceptive only if what was said and the context in which it occurred gives rise to a reasonable expectation of disclosure.