‘Misleading or Deceptive Conduct’: Section 52 and its Impact on Contractual Relations in Australia

Section 52 of the Australian Trade Practices Act 1974 (Cth)1 provides in subsection (1) that a ‘corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive’. Parallel provisions in the State and Territorial Fair Trading Acts apply the proscription both to corporate and non-corporate defendants.