Misleading & Deceptive Conduct

We have extensive experience advising a range of companies on the full spectrum of misleading and deceptive conduct laws.

This includes advertising, in particular comparative advertising.

It also includes:

  • drafting;
  • product labelling requirements;
  • product recall procedures and product liability issues;
  • accuracy of label warnings; and
  • TPA and country of origin compliance.


  • Successfully representing a number of executives of a large international financial institution who were issued with notices under the Australian Securities and Investments Commission Act 2001 in connection with an allegation that the financial institution engaged in misleading and deceptive conduct in respect of credit limits. We represented the clients in ASIC examinations and in respect of all dealings with ASIC.
  • Defending prosecutions:
    • acting in defence of an ACCC prosecution for misleading and deceptive conduct by a telecommunications service provider;
    • defending an abalone industry operator in Federal Court proceedings by the ACCC for cartel behaviour; and
    • defending Ampol Petroleum for price fixing.

Key contact

Graydon Dowd leads the Hall & Wilcox commercial dispute resolution practice and provides expertise in litigation and mediation.

Related thinking

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Competition & Consumer Law| 27 Nov 2018

Financial Services in Focus – Issue 16

On 16 November, ASIC has amended the ASIC Corporations (Non-cash Payment Facilities) Instrument 2016/211 to remove an expiry date that would have seen the instrument ceasing to operate in March 2019.

Competition & Consumer Law| 30 Oct 2018

Financial Services in Focus – Issue 14

On 25 October, ASIC reminded those financial firms who are yet to join the Australian Financial Complaints Authority (AFCA) to act immediately.

Competition & Consumer Law| 19 Oct 2017

Significant changes made to Competition and Consumer Act 2010

On 18 October 2017 the Competition and Consumer Amendment (Competition Policy Review) Bill 2017 (Bill) was passed by both houses at Federal level.