At Vogt Legal we advise our clients on all issues relating to misleading and deceptive conduct.

 There are a number of different types of conduct that may be construed to be misleading or deceptive conduct.

Misleading Statements

A person who makes a misleading statement can be found to be in breach of Section 18 of Australian Consumer Law. 

Statements About the Future

If a statement projects or forecasts the future it can be deemed misleading or deceptive. Statements about the future are not misleading simply because they turn out to be false – the ruling factor will be whether or not the party making the statement had reasonable grounds for making a statement predicting the future and whether the party making the statement knew the statement was untrue or correct.

Silence as Misleading or Deceptive Conduct

Misleading or deceptive conduct can also consist of omissions or silence in relation to relevant information. For example:

1. one person fails to alert another to facts known only to them, and the facts are relevant to a decision;
2. important details a person should know are not conveyed to them;
3. a change in circumstance meant information already provided was incorrect.