misleading conduct under the TPA

• Contractual limitations can apply to Australian Consumer Law (ACL) claims.

... in placing limits upon a claim made under section 82 of the Trade Practices Act (TPA) , now ... under a statute such as a claim for misleading and deceptive conduct under the TPA. . Sackar J fo...

• Mondaq Business Briefing
• Nbr. 2012, January 2012

• Google Adwords Decision: Brand owners won't have the easy option of suing Google if their name is misappropriated by a competitor.

... when defending their brands from misuse under the Google Adwords program 1. . The ACCC brought p... the Trade Practices Act (the TPA) for misleading and deceptive conduct in relation to the "sponsore...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Valuer not liable for loss caused by intervening act.

... case was brought at common law and for misleading conduct proscribed by the Trade Practices Act (Cth... v Walker, a leading case on damages under s82 of the TPA. . That case suggests generally tha...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• Proportionate Liability in Australia[Dagger]

Joint and several liability means that any tortfeasor liable to a plaintiff for the same harm may be sued for the whole amount of the plaintiff's loss, irrespective of whether other persons are also liable. This article seeks to outline some of the legislation passed in Australia and to examine how they might be implemented. It is intended to give some insights into possible issues arising for those overseas insurers insuring into Australia where contribution issues might arise between defendants. Similar issues can arise even when there is no cross-border dispute but when causes of action are pleaded concurrently based on State and Commonwealth proportionate liability legislation. As indicated in this article, the positions is by no means clear. Clarity may emerge over the coming month...

...Unlike joint and several liability, under proportionate liability each tortfeasor's liabilit... only operate in respect of the misleading and deceptive conduct provision of the TPA2 and th...

• FDCC Quarterly
• Vol. 56 Nbr. 1, October 2005

• High Court Clarifies The Limits Of The 'Publisher's Defence' In S 65A Of The Trade Practices Act.

..., which upheld a defence to a claim of misleading and deceptive conduct based on s 65A of the Trade ... for its misleading and deceptive conduct under s 65A of the TPA. . Findings The High Court upheld...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Commercial Use Of 'Generic' Sporting Images.

... Barry, if regarded as a "featured player" under the CBA (which Barry alleges he is), then in accor..., which deals with matters relating to misleading and deceptive conduct in trade and commerce and is...

• Mondaq Business Briefing
• Nbr. 2007, January 2007

• Interpreting inconsistent contract terms and multi-document contracts.

... extrinsic material can be treated as misleading and deceptive conduct under the Trade Practices Ac...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Trade Practices: Litigation and Dispute Resolution Insights.

... a specified time frame) a party's rights under a contract. If the parties understand the risks th.... to attempt to limit liability for "misleading and deceptive conduct": while parties cannot contr...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• The Lion, The Witch And The WIPO Complaint - Intellectual Property Rights And Domain Names.

... claim for passing-off and a claim for misleading or deceptive conduct under the TPA. . But these cl...

• Mondaq Business Briefing
• Nbr. 2008, March 2008

• Clarity In Pricing.

... (section 75AZF, up to $1,100,000) penalties under the TPA. . To whom do the new provisions apply? Th...In particular, to avoid engaging in misleading and deceptive conduct, a corporation should consid...

• Mondaq Business Briefing
• Nbr. 2009, January 2009