Professional Liability Guide

CHAPTER 1 – DUTIES

However, in representation cases where both provisions are relied on, there is no reason the application of one provision should not fall to be determined upon the conclusions reached in relation to the other. Courts have often dealt with the ‘ false and misleading ’ and ‘ misleading or deceptive ’ aspects of the conduct together, with the application of section 29 falling to be determined upon the same conclusions reached in respect of whether conduct is misleading or deceptive for the purpose of section 18. 151

151 ACCC v Dukemaster Pty Ltd [2009] FCA 682 [15]; Foxtel Management Pty Ltd v Australian Video Retailers Association Ltd (2004) 214 ALR 554.

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