Unfair Trade Practices

Unfair Trade Practices

James has appeared in and guided misrepresentation in the sale of business cases in the Supreme Court and Federal Magistrates’ Court. Misrepresentation claims are a common blocking defence which can be disabled with proper interlocutory scrutiny. Franchises are a particular fertile area for genuine misrepresentation where the profit margins of Franchisors are secured through the sale of blue sky business concepts. James has appeared and advised in franchise matters.

There is potential for this area of litigation to expand significantly following the passage of the unfair terms provisions of the Fair trading Act 1999 (Vic). James has given talks including at Deacons, Herbert Geer & Rundle, Tress Cox and Maddox, Wisewoulds, Russell Kennedy and Harwood Andrews on the amendments and potential developments in the area.



Law Commission Discussion paper
Scottish Law Commission Report (click here to go directly to the summary).


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Owen Dixon West Chambers,
Level 10, Room 23, 
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