What it means
Under section 18 of the Australian Consumer Law, a person must not, in trade or commerce, engage in conduct that is misleading or deceptive, or likely to mislead or deceive. It applies whether or not the business intended to mislead, and it covers statements, silence, conduct, and advertising. The test is whether ordinary members of the audience are likely to be led into error. Remedies include damages, injunctions, and contracts being set aside. It is one of the most common claims in Australian commercial and consumer disputes.
How it's used
A property advertised as 'absolute beachfront' when a public road separated it from the sand could be misleading and deceptive conduct.