Can silence be misleading?

Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCA 31

Allens Arthur Robinson

The issue of non-disclosure (or silence) as constituting misleading and deceptive conduct under section 52 of the Trade Practices Act was the focus of a recent High Court decision. Partner Louise Jenkins (view CV) and Law Graduate Sue Zhang look at this decision, which highlights the importance of the factual context underlying a section 52 claim.

• Background
• The decision
• Conclusion

Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.