Misled into a decision? The ACL gives you a remedy.

Section 18 of the Australian Consumer Law prohibits a person from engaging in conduct, in trade or commerce, that is misleading or deceptive or is likely to mislead or deceive. Critically, you do not need to prove the conduct was intentionally misleading — if it had the effect of misleading a reasonable person in the circumstances, it may breach s18. The conduct can include express statements, half-truths, silence where there is a duty to disclose, and promotional materials. There is no threshold — even a single misleading statement in a commercial context can be a contravention.

Fraud is a criminal offence that requires proving an intentional deception with the purpose of obtaining a benefit. It is a higher bar to establish and typically requires a criminal prosecution by police or a civil fraud claim which requires proof of dishonest intent. Misleading conduct under section 18 ACL is a civil claim — there is no requirement to prove intent or dishonesty. If conduct has the effect of misleading you in a commercial context, that can be sufficient. This makes the ACL a more accessible and practical remedy for most commercial deception scenarios.

Yes. Section 18 of the ACL applies to conduct in "trade or commerce" — it does not limit claims to consumers. Any person or entity, including businesses, that suffered loss or damage caused by misleading or deceptive conduct in trade or commerce can bring a claim for damages under section 236 of the ACL. This is one of the ACL's most significant provisions — it has been used successfully in disputes between competing businesses, franchise disputes, property transactions, and investment matters.

The ACCC investigates and prosecutes ACL contraventions in the public interest — it focuses on systemic conduct with widespread consumer harm. It does not recover individual compensation for affected parties. If you want compensation for your own loss, you need to bring a private action under section 236 of the ACL in the Federal Court or a state Supreme Court. The ACCC and a private action are not mutually exclusive — you can report to the ACCC and pursue your own claim simultaneously. State Fair Trading agencies handle smaller individual complaints and may be able to assist with conciliation for lower-value disputes.

Available remedies under the ACL include: damages (section 236) — compensating you for the actual loss caused by the misleading conduct; rescission of the contract (if you would not have entered the contract but for the misleading conduct); injunctions preventing the misleading conduct from continuing; declarations that conduct was misleading; and orders for corrective advertising. Damages are calculated as the difference between your position as a result of relying on the representation and the position you would have been in had the representation been true — or the loss caused by the reliance.

Private damages claims under section 236 of the ACL must be brought within 6 years of the date the cause of action accrued — typically when the misleading conduct occurred or when you first suffered loss as a result of relying on it. For claims in the Federal Court, additional court rules and specific time periods may apply. If you have only recently discovered that a representation made years ago was misleading, take legal advice immediately about whether your claim is still within time and whether any extension applies.