Areas of practice

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Trade Practices

Overview

Trade practices disputes can affect contracts, transactions, marketing, pricing, and broader commercial conduct. We advise clients on matters involving misleading or deceptive conduct, unconscionable conduct, unfair contract terms, and other competition and consumer law issues that arise in business dealings.

These matters often involve both legal risk and commercial consequence. We help clients understand the relevant framework, assess the strength of a claim or defence, and respond in a way that is strategic, commercially grounded, and proportionate to the issue.

Service Spotlight

Trade practices issues are often embedded within broader commercial disputes and can materially change the leverage between parties. We help clients identify those issues early, evaluate the evidentiary position, and pursue or defend claims in a way that aligns with the commercial objective as well as the legal merits.

Specialists and practitioners

FAQs

What is misleading or deceptive conduct?

Broadly, it is conduct in trade or commerce that leads or is capable of leading another party into error. Whether conduct is misleading will depend on the full context, including what was said, implied, or left unsaid.

Do you assist with unfair contract terms and unconscionable conduct issues?

Yes. We advise on disputes and risk issues involving unfair contract terms, unconscionable conduct, and other trade practices matters arising in business and commercial contexts.

Can trade practices claims arise even if there is already a contract between the parties?

Yes. These issues often arise alongside contractual disputes and can materially affect rights, remedies, and negotiating position.

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