Noone v Operation Smile (Australia) Inc (No 2)

In Noone v Operation Smile (Australia) Inc (No 2), the plaintiff, Noone, brought a claim against Operation Smile (Australia) Inc, a charity, for misleading or deceptive conduct under the Fair Trading Act 1999 (Vic) and under the Charter of Human Rights and Responsibilities Act 2006 (Vic). Noone alleged that the defendant had made misleading statements about the effectiveness of certain non-conventional medical treatments, which it promoted as part of its charitable activities. The case was heard in the Supreme Court of Victoria, with Noone acting as a self-represented litigant.

The legal issues before the court included whether the defendant's statements were false or misleading, and if so, whether they amounted to misleading or deceptive conduct under the Fair Trading Act. Additionally, the court had to determine if the defendant's actions infringed on any rights protected under the Charter of Human Rights and Responsibilities Act. The court had to consider the context in which the statements were made and assess their overall impact on the audience. The issue of declaratory relief was also raised, given that the misleading statements were no longer in use at the time of the trial.

The court found that the statements made by the defendant were misleading, as they gave the impression that the promoted treatments were effective when there was insufficient evidence to support such claims. However, the court determined that there was no utility in granting declaratory relief because the misleading statements were no longer being used. The court further concluded that the defendant's actions did not infringe on any rights protected under the Charter of Human Rights and Responsibilities Act. In light of these findings, the court dismissed the plaintiff's claim.

No further orders were made by the court.