Hinton, a real estate agent in New South Wales, was successfully prosecuted by the Commissioner of Fair Trading for marketing a home in North Ryde without informing potential buyers that the residence had been the scene of a murder. Even if consumers do not consider something to be material, it can become material if an agent knows it is. The courts will consider what a properly informed consumer would do in this situation. The courts will consider what would be material to a fairly informed consumer with a reasonable understanding of the real estate market.

• Explain how the unethical practice committed by the agent relates to Federal consumer protection legislation in Australia.