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Communtity Law Manual | Family Law | Consumer protection | Protections against misleading or unfair trading

Protections against misleading or unfair trading

Overview

How the Fair Trading Act protects you

The Fair Trading Act 1986 protects consumers by prohibiting traders from engaging in misleading or deceptive conduct, from making false, misleading or unsubstantiated representations, and from engaging in various unfair trading practices.

No contracting out

Fair Trading Act 1986, s 5C

The rules against misleading or unfair trading protect you even if you agree with a trader that these rules won’t apply in your case. Any such clause in an agreement cannot be legally enforced.

However, the trader will be bound by any clause that places stricter duties on them or that gives you better remedies than you’d otherwise have under the Fair Trading Act.

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