Silence on OP M+D promotional material is no defence:
Misleading conduct is generally constituted by a
misrepresentation but it does not have to be. Silence may
breach s 52 of the Trade Practices Act, when there is an obligation to reveal facts:
failure to disclose the whole truth makes the residue false
active concealment of a fact may amount to a false statement that a fact does not exist
failure to correct a false statement creates the impression
that it is, in fact, true
for opes affected members, page-57
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