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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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Guide
Leave your matter in professional hands
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.
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False or misleading representations about the sale of properties, motor vehicles, caravans and boats.
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Misleading advertising or promotional material.
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Bait advertising or failing to supply goods as advertised.
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Wrongly accepting payment without intending to supply.
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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.
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Drafting and issuing letters of demand to seek early resolution of disputes.
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Advising on appropriate remedies such as damages, rescission of contract, or injunctive relief
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Representing clients in proceedings before NCAT, courts in NSW and the Federal Court of Australia.
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Supporting businesses with compliance reviews, risk mitigation strategies, and response planning to allegations of misleading conduct.
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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.
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Assessing potential exposure to breaches of the Australian Consumer Law.
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Drafting legal submissions and negotiating with the ACCC.
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Representing clients in court proceedings, including civil penalty litigation.
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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
Misleading and Deceptive Conduct: A Practical Guide for Consumers (Australian Consumer Law)
1. What “misleading and deceptive conduct” means under the Australian Consumer Law
Australian Consumer Law (ACL) makes it unlawful for a person or business, in trade or commerce, to engage in conduct that is misleading or deceptive, or likely to mislead or deceive. The central provision is section 18 ACL. It is deliberately broad and applies to most forms of marketplace behaviour: advertising and marketing (including online and social media), sales representations, pre-contract statements, pricing, product claims, service capability assertions, and silence or omissions where a reasonable consumer would be misled by what is left unsaid.
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Intention is not required. The law cares about effect, not motive. If a statement, impression, omission or half-truth would lead a reasonable member of the target audience into error, the conduct is capable of breaching section 18. A consumer does not need to show that every word was false; it is enough that, taken in context, the overall impression was misleading and caused loss.
2. How the law treats opinions, future promises and silence
Not every persuasive statement is unlawful. The ACL distinguishes between mere “puffery” that no reasonable person would rely on, and claims that carry factual weight. Three recurring categories matter in real disputes.
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First, opinions and estimates. An opinion may mislead if it is presented as if it rests on solid grounds when it does not. A real estate agent who quotes rental returns without reasonable basis, or a service provider who claims capacity to achieve a result without the skills or approvals required, risks contravening section 18. Where a statement concerns a “future matter” (for example, future savings, future performance, future income), the law assumes there are no reasonable grounds unless the trader can prove otherwise. Making a bold prediction without real support often crosses the line.
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Second, half-truths and omissions. A statement that is literally correct may still mislead if important qualifying information is omitted. “Finance approved” may mislead if approval is conditional and the critical condition is concealed. “Dual income” may mislead if a secondary dwelling lacks lawful approval for habitation. Silence can mislead where there is a reasonable expectation that the trader would disclose a material fact.
Third, disclaimers and fine print. Disclaimers do not rescue a misleading headline. The overall effect is what counts. If the headline representation is strong and the corrective disclosure is buried or unclear, courts and tribunals frequently find a breach. Entire agreement clauses, “no reliance” boilerplate and generic disclaimers rarely defeat an ACL claim.
3. Typical scenarios we see at Arida Lawyers
Misleading conduct presents in consistent patterns across industries. Property and construction disputes often involve claims about rental yields, approvals, room sizes, zoning and “granny flats” or studios that turn out to be unlawful for habitation. New and used vehicle disputes frequently feature promises about condition, accident history, warranty coverage, fuel economy or “lemon” characteristics that recur after purchase despite repeated repairs. Professional services disputes commonly arise where lawyers, finance brokers, migration agents or builders overstate their experience, capability or regulatory standing. Retail and e-commerce disputes often concern “was/now” pricing, scarcity claims, sustainability or origin statements, and subscription terms that are not made clear before a consumer is charged. In each case, the ACL applies the same test: did the conduct mislead, and did it cause loss?
4. How to tell if you may have a claim
The question to ask is whether you were led into a transaction, or into paying more than you otherwise would have, by a representation that created a false or incomplete impression.
Consider what you saw and heard before committing: advertising copy, website pages and landing funnels, social media posts and influencer content, emails and text messages, sales scripts, brochures and data sheets, verbal assurances and “don’t worry, it’s all fine” statements, and anything you were not told that you later learned would have mattered to your decision.
Then consider timing: did the representation pre-date the contract, or was it made contemporaneously to induce signature, or did it arise while a cooling-off period still applied? Finally, consider causation: had the true position been explained, would you have proceeded, negotiated differently, paid less, or walked away? If the answer is that you would have changed course, you are in the territory where a section 18 claim may succeed.
5. Evidence that helps you with misleading and deceptive conduct cases
Strong claims are built on contemporaneous material. Save copies of the website and ads as they appeared at the time, including screenshots with timestamps, URLs and metadata where possible. Retain brochures, proposals and pitch decks. Keep email threads and text messages. Prepare a short contemporaneous note of any sales calls or meetings that mattered, including who said what and when.
If your matter involves property, store the contract and annexures, searches, approvals, building plans and inspection reports. If it involves goods or vehicles, keep invoices, service records, defect reports and manufacturer correspondence. If it involves services, keep scope documents, engagement letters and progress communications.
Where you relied on figures or opinions, note why they mattered to you and how they influenced your decision. Good evidence demonstrates the representation, shows why it was misleading in context, and connects it to the choice you made and the loss you suffered.
6. Section 18 versus other ACL provisions
Section 18 is the broad “umbrella” prohibition and is often pleaded with more specific ACL provisions. False or misleading representations about price, quality, composition, place of origin, or consumer guarantees are addressed in dedicated sections. Unconscionable conduct has its own regime. In practice, consumers benefit from a layered approach: rely on section 18 to capture the misleading impression, and add the specific contraventions that describe the particular wrong. The advantage is twofold: it clarifies the case theory and may widen the remedial powers available to the court or tribunal.
7. Remedies and outcomes: what you can ask for
The ACL provides flexible remedies. Damages are available where you suffered loss because of the contravening conduct. Courts and tribunals also have broad powers to make other orders to reverse the effects of the wrongdoing or protect consumers from future harm.
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Damages commonly include the “no-transaction” loss where you would not have entered the deal but for the misrepresentation, measured as the difference between what you paid and what you received. Consequential losses can be recoverable where they are caused by the contravention and reasonably foreseeable: rectification costs, wasted expenses, fees and charges, penalties and fines that flow from the deception, and reasonable out-of-pocket costs. Where appropriate, consumers may seek rescission or unwinding of a contract, refunds or price reductions, declarations, and injunctions to restrain ongoing misleading conduct. Courts can also make corrective advertising or ancillary orders that vary, void or reform contracts to do justice between the parties.
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Expectation profits are generally not recoverable in a “no-transaction” case because the law asks what position you would be in had you not transacted. Where you would have entered a different transaction on different terms, the assessment can be more nuanced and depends on evidence of what would likely have occurred in a counterfactual world.
8. Where and how to bring a claim
Many consumer disputes can be brought cost-effectively in a state or territory civil and administrative tribunal. In New South Wales, the NSW Civil and Administrative Tribunal (NCAT) hears a wide range of consumer claims engaging the ACL. Other states have equivalent bodies (VCAT in Victoria, QCAT in Queensland, and so on). More complex or higher-value matters proceed in courts such as the Local, District or Supreme Courts, or the Federal Court, depending on the issues, relief sought and strategic considerations.
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Time limits apply. ACL damages claims carry a six-year limitation period in most court proceedings, but tribunals can have shorter cut-offs and procedural prerequisites. If you think you have a claim, do not delay. Prompt advice preserves options, prevents deadlines from passing, and reduces the risk that evidence is lost.
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Before commencing, pre-action steps are important. A clear, well-structured letter of demand explaining the representations, why they misled, how they caused loss and what you seek often leads to resolution. Where technical or expert evidence is needed, such as valuations, engineering assessments, and accounting loss calculations, it should be scoped early. Insurers and corporate respondents are more likely to engage constructively when the case theory is precise and the evidence is organised.
8. Causation, reliance and loss: what you must prove
Three elements drive most outcomes. You must show the conduct was misleading in context, you must establish a causal link between that conduct and the loss you claim, and you must quantify that loss with evidence.
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The “misleading” element is proven by the representation and the surrounding circumstances that give it meaning. For example, “approved granny flat” carries an implicit representation of lawful use that is false if approvals are absent or conditional in a way that negates habitation.
The “causation” element is typically shown by reliance, being direct evidence that you would not have entered the contract, or would have negotiated differently, had you known the truth. Courts use a common-sense approach to causation. They do not require perfect certainty, but they do require a logical connection grounded in evidence.
The “loss” element is shown with valuations, quotes, invoices, bank statements and expert reports. In the absence of careful quantification, claims that would otherwise succeed can unravel.
9. Defences and common pushbacks and how to answer them
Traders and professionals often raise predictable responses. They may say the statement was an opinion; the remedy is to ask what reasonable grounds supported it at the time. They may point to disclaimers; the answer is that a buried disclaimer does not neutralise a bold claim. They may blame the consumer for not asking more questions; the answer is that the ACL does not impose a duty on consumers to interrogate professional statements, and a failure to verify does not excuse a misrepresentation. They may say the consumer would have proceeded anyway; the remedy is contemporaneous evidence showing why the representation mattered to the decision. They may argue that an “entire agreement” clause blocks reliance on pre-contract statements; the answer is that parties cannot contract out of the ACL and such clauses rarely bar statutory remedies.
10. Misleading conduct and professional negligence can overlap
Many disputes involve two wrongs: the trader or seller misleads, and a professional adviser fails to protect the consumer.
Where a solicitor, conveyancer, broker or other professional had the documents and the opportunity to warn about an obvious risk but did not, a negligence claim may sit alongside the ACL claim.
The practical effect is that liability can be apportioned between wrongdoers. For consumers, this broadens recovery prospects and reflects reality: you relied on the trader’s statements and on your adviser’s competence.
11. Costs, risk and resolution
Consumers rightly ask what it will cost to enforce their rights. The answer depends on the forum and strategy. Tribunal proceedings are designed to be more accessible and often limit costs exposure. Court proceedings carry greater risk on costs but also greater remedial flexibility and procedural tools to compel disclosure and expert evidence. Most disputes settle once the case theory is clear, the evidence is finalised and the financial exposure is understood by the respondent or their insurer.
Early, targeted negotiation, supported by a credible threat of litigation, often produces outcomes that are faster and more economical than a contested hearing.
12. Practical steps if you suspect you were misled
Act quickly to preserve your position. Save copies of all relevant online content and communications before they are changed or deleted. Keep every document and message centralised and indexed so nothing is lost. Stop relying on verbal assurances; confirm all positions in writing.
Seek legal advice early so that limitation periods and forum choices are handled correctly. Avoid making public allegations or social media posts that could complicate negotiations. If there is a cooling-off period or statutory right to reject goods or services, exercise it promptly with a formal notice that identifies the misrepresentations and the relief you seek.
13. How Arida Lawyers can help
Arida Lawyers acts for individuals, businesses and consumers in misleading and deceptive conduct claims across property, automotive, professional services, building and construction, retail and e-commerce. We analyse the representations, map the evidence, and advise on the most effective forum and remedy. We prepare precise letters of demand that focus respondents on their exposure, manage without-prejudice negotiations that protect your position, and prosecute proceedings in tribunals and courts where resolution is not achieved. Our approach is rigorous and outcome-driven. We do not pursue every theoretical breach; we build cases that can be proved, quantified and resolved on terms that reflect your real loss and risk tolerance.
If your matter also involves negligent advice by a lawyer, conveyancer, broker or other professional, we assess that dimension as well. Pursuing both the primary wrongdoer and the negligent adviser can maximise your prospects of recovery and is often the most efficient path to a settlement that makes you whole.
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Contact Arida Lawyers today for a free 10-minute telephone consultation to discuss your misleading and deceptive conduct matter.
14. Frequently Asked Questions
Q1. What if the business did not intend to mislead me?
Intention is irrelevant. The ACL prohibits conduct that is misleading in effect. What matters is the impression formed and whether it caused loss.
Q2. What if I signed a contract that contains a “no reliance” clause?
Such clauses rarely defeat statutory claims. Businesses cannot contract out of the ACL.
Q3. What if the misrepresentation was verbal?
Verbal representations are actionable; they are proved by your evidence and any contemporaneous notes, emails or witnesses.
Q4. What if I benefited in some way—will that reduce my claim?
Benefits actually received may be credited against loss, but they do not defeat liability and do not negate your right to compensation for the net loss.
Q5. What are the time limits?
Damages claims under the ACL generally have a six-year limitation period, though tribunals may apply shorter timeframes and specific consumer claim rules. Obtain advice early to protect your rights.
Q6. Can I get a refund or unwind the deal?
Depending on the facts and forum, courts and tribunals can unwind transactions, order refunds, or vary contracts to remove unfair prejudice to consumers.
15. Next Steps
This guide is general information only and is not legal advice. Misleading and deceptive conduct cases turn on their facts, evidence and procedural choices. If you think you were misled, or if a professional adviser failed to protect you, we recommend obtaining tailored advice promptly.
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Free 10-minute telephone consultation. If you want clarity about your position, Arida Lawyers can review your situation, explain your options under the Australian Consumer Law and related negligence principles, and outline a practical path forward. Contact us today to book a free 10-minute telephone consultation.