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  • Damages for misleading conduct - The centrality of causation and reliance - A recent Federal Court decision illustrates how showing a causal link between misleading conduct and the loss alleged is crucial in an action for damages, as David Harland explains.
  • Directors' stand alone duty to disclose misconduct - An English case has held that a director can be obliged to disclose his or her own misconduct to the company which is a victim of it. Dean Jordan and Fiona Boyce explain how, if followed in Australia, this could lead to an additional ground of action for companies against wayward directors.
  • Interpreting "loss or damage" under the Trade Practices Act - David Harland, Ainslee Cox and Nicole McKinnon discuss the High Court ruling that it is wrong to approach the operation of the "loss and damage" provisions of Pt VI of the Act by beginning with an attempt to draw an analogy with any particular claim under the general law.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.