Misrepresentations as to future matters - current issues in interpretation

Section 51A of the Trade Practices Act 1974 (Cth), dealing with misrepresentations as to future matters, presents problems of interpretation. However, recent case law has clarified aspects of the application of the provision. It is submitted that s 51A imposes an evidential burden merely upon the representor, and not a burden of proof; and that s 51A does create a substantive defence available in all situations where a misleading representation as to a future matter is alleged.