ARTICLE
27 August 2024

Misleading Or Deceptive Conduct Claims On Projects In Australia

JD
Jones Day

Contributor

Jones Day is a global law firm with more than 2,500 lawyers across five continents. The Firm is distinguished by a singular tradition of client service; the mutual commitment to, and the seamless collaboration of, a true partnership; formidable legal talent across multiple disciplines and jurisdictions; and shared professional values that focus on client needs.
A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes...
Australia Consumer Protection

A claim for misleading or deceptive conduct under s 18 of the Australian Consumer Law is one of the most commonly used causes of action in commercial litigation in Australia, including in disputes on major projects in mining, construction and infrastructure. Such claims can relate to conversations or meetings, courses of conduct between owners, operators, contractors and others, and the effect of any number of types and combinations of documents used on a project.

A well-pleaded and argued case of misleading or deceptive conduct can be difficult and costly to defend, and the relief available to a successful party can be substantial. It can also present substantial challenges, and parties in mining, construction and infrastructure disputes often run into difficulties trying to adduce sufficient evidence to prove (or disprove): (i) the existence and meaning of an alleged misleading representation or conduct; or (ii) that the claimant suffered loss as a result of the conduct.

This White Paper looks at the prevalence of misleading or deceptive conduct claims in project-related disputes and some of the challenges which commonly arise, and offers some key takeaways for parties navigating such claims.

Read the White Paper

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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