Wills v Australian Competition and Consumer Commission & Ors

The dispute in *Wills v Australian Competition and Consumer Commission & Ors* concerned the interpretation and application of provisions within the *Competition and Consumer Act 2010* (Cth) (CCA) relating to misleading or deceptive conduct. The applicants, Mr Wills and others, sought to appeal a decision of the Full Federal Court, which had affirmed findings of contravention against them. The primary respondent was the Australian Competition and Consumer Commission (ACCC), with other parties also involved in the proceedings.

The central legal issues before the High Court revolved around whether the conduct engaged in by the applicants, in relation to the promotion and sale of certain investment schemes, constituted misleading or deceptive conduct in trade or commerce, contrary to section 18 of the Australian Consumer Law (Schedule 2 to the CCA). Specifically, the Court had to consider the proper characterisation of the representations made by the applicants and whether those representations were likely to mislead or deceive the relevant class of consumers.

The High Court's reasoning focused on the objective assessment of the representations made in their context. Their Honours affirmed that the question of whether conduct is misleading or deceptive is determined by the likely effect on a significant number of ordinary members of the class to whom the representations are made. The Court considered the overall impression created by the representations, taking into account any disclaimers or qualifications, and concluded that the conduct in question was indeed misleading or deceptive. The appeal was dismissed.