The law of misleading or deceptive conduct / Colin Lockhart.
2023
N284.K1 LOC 2023
Available at Cairns, Brisbane, Rockhampton
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Details
Title
The law of misleading or deceptive conduct / Colin Lockhart.
Author
Edition
6th edition
ISBN
9780409356793 paperback
Imprint
Chatswood, N.S.W. : LexisNexis Butterworths, 2023.
Copyright
©2023
Language
English
Description
clxv, 645 pages ; 24 cm
Call Number
N284.K1 LOC 2023
Summary
The Law of Misleading or Deceptive Conduct primarily refers to the provisions of the Competition and Consumer Act 2010 (Cth) (the CCA) and the Australian Consumer Law ACL, and their Australian Securities and Investments Commission Act 2001 (Cth), Corporations Act 2001 (Cth) and Fair Trading Act 1986 (NZ) counterparts. A notable legislative change has been the amendment of s 137H of the CCA whereby the statutory presumption as to facts found was extended to facts admitted in prior proceedings. The Federal Court Rules 2011 (Cth) were also amended from 13 January 2023 to alter the grounds for, and procedure applicable to, service out of the jurisdiction, with significant implications for service out in misleading conduct claims in that court. In preparing this 6th edition of The Law of Misleading or Deceptive Conduct, the author has reviewed roughly 900 Australian and New Zealand decisions. Since publication of the 5th edition in 2018, the steady stream of case law has provided further clarity on the parameters of the causes of action based on breach of the statutory proscriptions of conduct that is, or likely to be, misleading or deceptive. - Publisher's website.
Note
Previous edition 2019.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Part A: The prohibition of misleading or deceptive conduct
1. The prohibitions identified, exempt persons and territorial scope
2. 'Conduct in trade or commerce'
3. 'Misleading or deceptive': general issues
4. Express statements
5. Non-disclosure
6. Implying commercial association
Part B: The legal consequences of misleading or deceptive conduct
7. Remedies for misleading or deceptive conduct: general issues
8. Persons liable for the consequences of misleading or deceptive conduct
9. Preventative, corrective and declaratory orders
10. Loss or damage 'by' or 'because of' misleading or deceptive conduct: causation
11. Compensatory orders
12. Limitation periods.
1. The prohibitions identified, exempt persons and territorial scope
2. 'Conduct in trade or commerce'
3. 'Misleading or deceptive': general issues
4. Express statements
5. Non-disclosure
6. Implying commercial association
Part B: The legal consequences of misleading or deceptive conduct
7. Remedies for misleading or deceptive conduct: general issues
8. Persons liable for the consequences of misleading or deceptive conduct
9. Preventative, corrective and declaratory orders
10. Loss or damage 'by' or 'because of' misleading or deceptive conduct: causation
11. Compensatory orders
12. Limitation periods.
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