Bounces and buckets — The Great Lauren Jackson and representations in misleading conduct cases

Today’s bounce: Lauren Jackson. A Legend.

20 year career. WNBL: 4 x MVP and 4 x Grand Final MVP . WNBA: 7 x All Star, 3 x MVP, 2 x champion, 3 x scoring champion, finals MVP, 7 x All-NBA first team, and heaps more.

Ms Jackson also appears to be of high character. I think it would behoove the NBL to beg her to get involved in the game — perhaps as a coach of LaMelo at Illawarra, perhaps as the CEO.

Something. No female head coaches in the NBA — Australia should take the lead and see if she wants a gig!

Now for the bucket: my $0.02 on a legal principle.

If you’re pleading a misleading or deceptive conduct case, you have to plead that the naughty defendant made a representation, and it turned out to be misleading, right? Because everybody does, right? WRONG!

As the High Court said in Campbell v Backoffice Investments Pty Ltd (2009) 238 CLR 304; [2009] HCA 25 at [102], the focus is on “conduct” not representations.

So next time you’re grappling with this, step back, and think about all the conduct and all the circumstances, and let your imagination run wild.

JD #bouncesandbuckets

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