This paper outlines a pilot study which aims to explore the perceived risks that Australian higher education marketing practitioners believe they face as they implement marketing strategies. We set the discussion in the context of work on the nature and characteristics of higher education service products, and the important role of marketing implementation in the achievement of marketing success (Fisk et al 2007; Lovelock 1983; Kotler 1994; Bonoma 1984). We overview the Trade Practices Act (1974) and the other areas of relevant marketing law which higher education marketers are most at risk from. A further focus will be on methods and approaches practitioners perceive as effective or ineffective in assisting their efforts to manage marketing implementation, including legal compliance. Specific research questions are posed, and a methodology is proposed for the pilot study. The results of this study will form the basis of further study.