New Chump
Member
- Joined
- Nov 23, 2004
- Posts
- 113
bits said:Unfortunately, section 51AF on Unfair Practices states "Part does not apply to financial services", the Trade Practices Act 1974 was the first thing I checked out, bugger. Regardless we still have a very strong case.
Happy to stand corrected if I'm wrong.
^Lawyer hat on
You are correct, but section 12DA of the ASIC Act contains the same prohibition on misleading and deceptive conduct which does apply to financial services.
So if s52 of the TPA doesn't apply in this instance, section 12AC of the ASIC Act will apply*.
^Lawyer hat off
* Note: any (unremunerated) legal advice provided by NC should not be relied on.