The 2009 review of Australian consumer law - an opportunity to reconsider and clarify the rational and scope of s 51A of the Trade Practices Act

Section 51A of the Trade Practices Act deems representations as to future matters to be misleading for the purposes of Pt V Div 1 and Pt IVA of the TPA. Although s 51A has been incorporated into the TPA since 1986, several issues relating to the interpretation and scope of the provision remain unresolved. This article proposes that the 2009 examination of Australian consumer law provides an opportunity to clarify outstanding issues and shed light on the role and scope of s 51A. In the writers' view, s 51A has considerable untapped potential and its utility could only be enhanced by an elucidation of several, arguably, fundamental issues.