drongo, have a re-read of printingmoney's post here. 1041H is quite clear:
"Further all those suggesting an 'intention' or 'deliberate act' element should look at the text of s 1041H which mirrors word-for-word the widely used s 52 of the Trade Practices Act. There is not element of intention moreover it is objective. That is, the conduct must have been 'likely' to mislead or deceive. People are overestimating the difficulty of establishing this.
"1041H Misleading or deceptive conduct (civil liability only)
(1) A person must not, in this jurisdiction, engage in conduct, in relation to a financial product or a financial service, that is misleading or deceptive or is likely to mislead or deceive."
BBI Price at posting:
3.6¢ Sentiment: None Disclosure: Not Held
