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Director of Consumer Affairs Victoria v Domain Register Pty Ltd [2017] FCA 1603

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CONSUMER LAW – misleading or deceptive conduct – knowledge to be imputed to target audience –respondent sent unsolicited notices to businesses offering to register a “.com” domain name equivalent to their existing “.com.au” domain name – notices similar in appearance to an invoice – whether conduct in sending notices constitutes misleading or deceptive conduct in breach of s 18 of the Australian Consumer Law (ACL) – conduct likely to mislead or deceive – whether “unsolicited services” in s 40(3) of the ACL includes services to be provided in the future – no breach of s 40(3) of ACL.

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