What Is The Limitation Period For Misleading And Deceptive Conduct Claims In Australia

September 2, 2021    Employmentlawyers
What Is The Limitation Period For Misleading And Deceptive Conduct Claims In Australia

Misleading and deceptive conduct is often brought as standalone or alternate claims in case of commercial disputes. Misleading and deceptive conduct activities are strictly prohibited by Australian law. The law can be sound in s 18 of the Australian Consumer Law. Previously the law was found in s 52 of the Trade Practices Act.

Let's check what falls under misleading and deceptive conduct and the limitation period for such claims.

What Is Misleading And Deceptive Conduct

Misleading and deceptive conduct can arise in a commercial context under the following circumstances:

  • Negotiating a deal- The financial position of the company may be represented inaccurately.
  • Changing a contract- For instance, the production capacity of a supplier may be represented differently.
  • Regulators- Sometimes, the company fails to disclose material factors to the regulators.
  • Commercial discussions- Sometimes, it may be implied that one single party will be the service provider. But in reality, several potential providers will be considered.

Limitation Period For Misleading And Deceptive Conduct

A claim can be made within six years of the occurrence of misleading or deceptive conduct. There is no fixed financial limit to make such a claim. However, some commercial contracts involve clauses stating a particular time limit. These contracts are not meant to deprive someone who wants to claim within six years. The clauses that shorten the time period do not deny a person's claim who wants to bring it up subsequently. Claimants need to be cautious while making claims. Relevant provisions need to be made when clauses for time limitations are included in a commercial contract.

A contract may only include a provision for a shorter period when it is not related to a public policy. It is against public policy to deny statutory remedies for misleading and deceptive conduct. Initially, the claim had to be made within three years. But the time limit has been extended, and the purpose of Australian Consumer Law is to make the statutory remedy available. Any attempt to restrict those remedies is considered an unacceptable interference. The claims are largely assessed based on merit rather than the timeframe within which it was done.

Tips To Find A Good Employment Lawyer

It is vital to get a good lawyer for issuing such a claim in a court of law. This will ensure that your claim is given careful consideration in court. Some tips for finding a good lawyer are given below.

Search The Internet

There are many reputed lawyers in Australia. You can go to the internet and look for some respected ones in your area. You can also look for specific law firms from which you are willing to hire a lawyer. The companies regularly update their websites with new information. You can check the experience of the lawyer you want to hire from their official website.

Ask For Recommendations

The easiest way to find a good lawyer is to ask for recommendations. It is even better if the people you are taking suggestions from have used a lawyer in the recent past. If your friends had a negative experience with any of them, you would know to steer clear of those firms.

Research Ethics Violation

You need to be sure that your lawyer has not been involved in any ethics violation. The most common form of ethics violation includes being negligent while representing a client. Some lawyers are also guilty of misappropriating the funds of a client. Your lawyer should diligently obey the laws. Some lawyers will suggest that you engage in unfair practices. Do not come under their influence. It might result in severe offences if you get caught disobeying any law.

Choose Someone You Like And Trust

It is essential for you to like and trust your lawyer. You should be able to tell your side of the story to your lawyer truthfully. And this will be possible only if your lawyer is reliable and trustworthy. The bond you develop with your lawyer is crucial in determining the outcome of the case. Your lawyer should be able to understand your business needs. This will ensure that you achieve the result you are expecting.

Do not choose a lawyer if they don't seem credible to you. Your lawyer should be responsive and consider your opinion before making significant decisions.

Conclusion

Misleading and deceptive conduct claims can be made within six years of the conduct. You should hire good employment lawyers perth to handle your case. You can find a good lawyer by considering the given factors. Your lawyer will help you in the case from start to finish. They will ensure that your chances of winning are high. They will represent you in the best manner possible. You must find a lawyer who will aid in the future if any legal disputes occur in your business.

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