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Misleading and Deceptive Conduct Lawyers

Delivering clear, strategic guidance in misleading and deceptive conduct disputes. Protecting the rights of both consumers and businesses under the Australian Consumer Law.

Misleading and Deceptive Conduct Lawyers

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Misleading and Deceptive Conduct under the Australian Consumer Law

At Arida Lawyers, we assist individuals and businesses who have suffered loss or face legal risk as a result of misleading or deceptive conduct. Whether the issue arises from false statements, omissions, or conduct likely to mislead in the course of a consumer or commercial transaction, section 18 of the Australian Consumer Law (ACL) offers protection against unfair and deceptive practices that occur in trade or commerce.

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If you have been misled during the purchase of goods, services, property, a business, or other commercial assets, or if you are responding to a claim, we provide clear and practical legal advice tailored to your circumstances.

 

Our team handles a wide range of matters involving pre-contractual misrepresentations, inaccurate advertising, silence where disclosure is required, and disputes over the quality or performance of goods and services. We act quickly to assess your position, explain your rights, and help you pursue appropriate remedies such as damages, compensation, rescission, or other court-ordered outcomes. Contact us today for a free 10-minute consultation.

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Arida Lawyers Services For Misleading and Deceptive Conduct

At Arida Lawyers, we provide comprehensive legal advice and representation for individuals and businesses dealing with misleading or deceptive conduct and a wide range of unfair trading practices under the Australian Consumer Law.

 

These provisions are designed to ensure honesty and fairness in trade or commerce and apply to a broad spectrum of transactions, whether they involve the purchase of everyday goods and services or more complex arrangements such as property transfers, vehicle sales, or the acquisition of a business.

 

Our clients come to us when they have been misled about the nature, quality, price, origin, or characteristics of a product or service, or when they’ve relied on representations that turned out to be false or incomplete. Misleading or deceptive conduct can arise not only through words but also through silence, half-truths, or conduct that creates a false impression. You do not need to prove the intention to mislead, only that the conduct was likely to mislead or deceive.

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We regularly assist with claims under section 18 of the ACL, which prohibits misleading or deceptive conduct in trade or commerce, as well as the unfair practices provisions under the ACL, including some of the following:

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  • False or misleading representations about goods or services.

  • Misleading advertising or promotional material.

  • Bait advertising or failing to supply goods as advertised.

  • Wrongly accepting payment without intending to supply.

  • Supplying unsolicited goods or services.​

 

Arida Lawyers offers a full suite of legal services in this area, including:

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  • Providing strategic legal advice on your rights, risks, and the provisions under the ACL.

  • Drafting and issuing letters of demand to seek early resolution of disputes.

  • Advising on appropriate remedies such as damages, rescission of contract, or injunctive relief

  • Representing clients in proceedings before NCAT, courts in NSW and the Federal Court of Australia.

  • Supporting businesses with compliance reviews, risk mitigation strategies, and response planning to allegations of misleading conduct.

  • Defending clients against enforcement actions or proceedings commenced by the Australian Competition and Consumer Commission (ACCC)

 

We take a balanced and pragmatic approach, helping clients resolve disputes efficiently while protecting their legal and commercial interests. Whether you're a purchaser who has been misled during a transaction, or a business defending a claim of misleading conduct, our team works to deliver practical, outcome-focused solutions tailored to your circumstances.

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Our lawyers combine deep knowledge of consumer law, including misleading or deceptive conduct and unfair trading practices, with the experience to represent clients in both commercial disputes and regulatory enforcement actions, including proceedings commenced by the Australian Competition and Consumer Commission (ACCC).

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If you believe you’ve been affected by misleading conduct or unfair trading practices, or if you’ve been accused of such conduct, contact Arida Lawyers today for legal guidance and a free initial 10-minute telephone consultation.

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Australian Competition and Consumer Commission Regulatory Action

The Australian Competition and Consumer Commission (ACCC) is the national regulator responsible for enforcing Australia’s competition, fair trading, and consumer protection laws, primarily under the Competition and Consumer Act 2010 (Cth) and its Schedule 2, the Australian Consumer Law. Its role is to promote fair and ethical conduct in the marketplace and ensure that businesses comply with legal obligations in dealings with consumers, suppliers and competitors.

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The ACCC initiates investigations and enforcement actions where it believes a business may have engaged in conduct that breaches the ACL, such as, but not limited to, misleading or deceptive conduct, false advertising, unfair contract terms, bait advertising, or failure to comply with consumer guarantees. The regulator has broad powers, including the ability to issue substantiation notices, infringement notices and take legal action in the Federal Court of Australia seeking civil penalties, injunctions, compensation orders or disqualification of directors.

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Being the subject of an ACCC investigation or enforcement proceeding can have serious legal, financial, and reputational consequences. The ACCC is known for its rigorous compliance expectations and strategic litigation approach, particularly where conduct has the potential to harm consumers or undermine competition.

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At Arida Lawyers, we assist businesses in navigating all aspects of ACCC regulatory action, including:

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  • Responding to ACCC investigations, notices, or examinations.

  • Assessing potential exposure to breaches of the Australian Consumer Law.

  • Drafting legal submissions and negotiating with the ACCC.

  • Representing clients in court proceedings, including civil penalty litigation.

  • Advising on compliance strategies and risk mitigation to avoid future regulatory scrutiny.

 

 If you have been contacted by the ACCC or are facing potential enforcement action, it is essential to obtain legal advice early. Contact Arida Lawyers for strategic advice and representation in ACCC-related matters under the Australian Consumer Law.

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Client Testimonials

Legal Insights

Understanding Consumer Rights: Griffiths v LMM Holdings Case Study

Explore the Griffiths v LMM Holdings case, focusing on contractual commitments and the Australian Consumer Law concerning misleading and deceptive conduct. 

Understanding Consumer Guarantees: Dwyer v Volkswagen Group Case Study

The case of Dwyer v Volkswagen offers critical insights into consumer law, emphasising "acceptable quality," manufacturer defences, damage assessments, third-party implications, and the evolving dynamics of consumer rights and responsibilities in Australia.

Protecting Business: Navigating Consumer Law Changes

​Explore the recent amendments to the Australian Consumer Law and understand how they impact business contracts. Safeguard your business with insights on avoiding penalties tied to unfair contract terms.

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