HARRELL & HANCOCK-HARRELL

The applicant, Harrell, brought proceedings against the respondent, Hancock & Hancock-Harrell, alleging contraventions of specific provisions of the *Competition and Consumer Act 2010* (Cth) and the *Australian Consumer Law*. The dispute concerned alleged misleading or deceptive conduct and unconscionable conduct in relation to certain business dealings. The matter was heard by Forrest J in the Federal Court of Australia.

The primary legal issues before the Court were whether the respondent had contravened the Australian Consumer Law as alleged in specific paragraphs of the applicant's amended application. These allegations related to representations made by the respondent and conduct that the applicant contended was unconscionable.

Forrest J considered the evidence presented by both parties in relation to each of the pleaded contraventions. The Court applied the principles of statutory interpretation relevant to the *Australian Consumer Law*, particularly concerning the elements required to establish misleading or deceptive conduct and unconscionable conduct. After a thorough review of the evidence and submissions, the Court found that the applicant had failed to establish the alleged contraventions.

Consequently, the Court ordered that the allegations of contravention contained in paragraphs 1, 2, 3, 4, 5, 6, 29 and 38 of the Amended Application filed 7 May 2015 be dismissed.