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 — 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