Australian consumer law — Misleading or deceptive conduct — Contract — Exclusion clause — Whether possible to limit the time in which a claim can be brought under the Australian Consumer Law pursuant to contract — Whether limitation contrary to public policy — Australian Consumer Law ss 18, 236(2)

Practice and procedure — Pleadings — Misleading or deceptive conduct — Continuing misrepresentation — Misrepresentation by silence — Whether misleading or deceptive conduct claim properly pleaded as continuing representation — Whether claim based on continuing representation outside the ambit of the pleadings

Australian Consumer Law — Misleading or deceptive conduct — Misrepresentations — Loss and damage — Causation — Share sale agreement — Claim against sellers — Whether apportionment of damage for contributory negligence available — Statutory basis for claim — Whether claim brought under the Australian Consumer Law as applied by federal law or by state law — Australian Consumer Law and Fair Trading Act 2012 (Vic) — Competition and Consumer Act 2010 (Cth), ss 131A, 137B

Negligence — Negligent misstatement — Loss and damage — Causation — Contributory negligence — Share sale — Misrepresentations by seller regarding net profit of business — Whether failure to conduct due diligence or obtain advice caused buyers’ loss and damage

Practice and procedure — Pleadings — Negligent misstatement — Contributory negligence — Whether claim for contributory negligence raised on pleadings

Australian consumer law — Misleading or deceptive conduct — Contract — Purchased business engaged in previously undisclosed, dishonest practices bearing on true value — Contractual representations — Sale documents disclaimed liability for representations made — No representation clause — No reliance clause — Contract excluding or releasing future liability — Whether disclaimers defeated claim of misleading or deceptive conduct — Whether disclaimers defeated claim in tort for deceit — Australian Consumer Law, s 18

Australian consumer law — Misleading or deceptive conduct — Loss or damage — Measure of damages in ‘no transaction case’ — Whether Potts v Miller approach appropriate — Exclusion of proportionate liability for fraud — Australian Consumer Law, s 236