Journal article

Should Specifically Deterrent or Punitive Remedies be made Available to Victims of Misleading Conduct under the Australian Consumer Law?

Elise Bant, Jeannie Paterson

Torts Law Journal | LexisNexis Australia | Published : 2019


The ‘smorgasbord of remedies’ available to victims of misleading conduct under the Australian Consumer Law (‘ACL’) and parallel legislation is usually regarded as comprehensive, outstripping the remedies offered at common law for equivalent misconduct. Although the primary aim of the damages and ‘compensation orders’ is to ‘compensate’, or ‘prevent or reduce’ ‘loss or damage’ suffered because of misleading conduct, orders of this kind may have a strong deterrent effect, promoting the protective purposes of the statute. These provisions sit alongside an extensive suite of enforcement provisions designed to deter misleading conduct, including allowing the regulator to seek criminal and civil p..

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