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Australia deceitmisrepresentation

Campbell v Backoffice Investments Pty Ltd

(2009) 238 CLR 304
JurisdictionAustralia
CourtHigh Court of Australia
Year2009
StatusBinding authority

Summary

Non-disclosure can constitute misleading or deceptive conduct under Australian consumer law where silence amounts to an implied representation in the circumstances.

Key Principle

misleading conduct and silence; when non-disclosure amounts to a representation

Area of Law

Australian Consumer Law

Related Cases

ACCC v TPG Internet Pty Ltd (2013) 250 CLR 640

Under Australian Consumer Law, a court assessing misleading conduct in advertising must consider the 'dominant message' conveyed to consumers by the advertisement as a whole.

Google Inc v ACCC (2013) 249 CLR 435

A search engine displaying third-party sponsored links is not itself a maker of representations in those links and is not liable under Australian Consumer Law for misleading conduct.

Duties in ASIC v Bekier [2026] 5 March 2026

Unverified authority likely concerning directors' duties and potential breaches under Australian corporations law.

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