Australian Consumer Law - Misleading and Deceptive Conduct

True/False: A corporation can only act through its directors?

• True

• False

Which is not considered to be 'in trade or commerce'?

• Promotional material

• Selling or distributing goods

• Statements/advice provided for free

• Advertising or promoting services

Which section would you use to sue personally for misleading conduct?

• Section 18: Misleading and Deceptive Conduct

• Section 29, 33, 34: False and Misleading Representations

Which section would you use to sue personally AND/OR report to the ACCC?

• Section 18: Misleading and Deceptive Conduct

• Section 29, 33, 34: False and Misleading Representations

What Case? Clinic promised successful cancer reversal treatment.

• ACCC v Coles [2015]

• Noone v Operation Smile [2012]

• Concrete Constructions v Nelson (1990)

• Campomar v Nike International (2000)

What Case? Branding similar to large company. Attempt to show that they had 'sponsorship'. This was untrue. Held to be misleading.

• ACCC v Coles [2015]

• Noone v Operation Smile [2012]

• Concrete Constructions v Nelson (1990)

• Campomar v Nike International (2000)

What Case? Internet package had find print which increased price hugely. Held to be misleading.

• ACCC v TPG Internet [2013]

• ACCC v Jones [2010]

• ACCC v Channel Seven Brisbane [2009]

• Google Inc v ACCC [2013]

What Case? Making scientific claims about an unproven treatment in a book was misleading.

• ACCC v TPG Internet [2013]

• ACCC v Jones [2010]

• ACCC v Channel Seven Brisbane [2009]

• Google Inc v ACCC [2013]

What Case? Advertised as free range eggs. Chickens were confined to a barn. Declared misleading.

• ACCC v Pirovic Enterprises [2014]

• ACCC v Jewellery Group [2013]

• ACCC v P & N Pty Ltd [2014]

• ACCC v Chopra [2015]

What Case? Product advertised at 'half price'. Store never sold it for the alleged full price. Declared misleading.

• ACCC v Pirovic Enterprises [2014]

• ACCC v Jewellery Group [2013]

• ACCC v P & N Pty Ltd [2014]

• ACCC v Chopra [2015]