Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661 (3 October 1985).

http://www.austlii.edu.au/au/cases/cth/high_ct/158clr661.html

The court said that although an intention to mislead or deceive is not a requisite element for a contravention of s52 of the Trade Practices Act 1974, the passing on of false information by a corporation is not misleading or deceptive conduct if it is apparent that the corporation is not the source of the information and it disclaims any belief in its truth or falsity.

To be liable for misleading or deceptive conduct, the individual passing on the information must either be an intentional participant, or if not, a participant with knowledge of the essential facts constituting the contravention of s52 (even if he or she does not know that those matters amount to a contravention).

Peter O’Grady, Lawyer
General Counsel, legal helpdesk mosman
BA, LLB, Grad Cert Leg Prac, Acc Spec
Solicitor of the Supreme Court of NSW, Federal Court of Australia and High Court of Australia