Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v ACBF Funeral Plans Pty Ltd [2024] FCAFC 19 Appeal from: Australia Securities and Investments Commission v ACBF Funeral Plans, in the matter of ABCF Funeral Plans Pty Ltd [2023] FCA 1041
File number(s): NSD 1111 of 2023
Judgment of: MURPHY, O'Bryan and ShariFf JJ
Date of judgment: 29 February 2024
Catchwords: CONSUMER LAW – alleged false and misleading representations and misleading or deceptive conduct in marketing and selling funeral insurance plans to Indigenous communities – representation that during the relevant period the first respondent was owned or managed by an Aboriginal person or persons – whether the evidence before the primary judge was sufficient to establish the falsity of the representation – whether the first respondent admitted the falsity of the representation such that the appellant was not obliged to put on evidence – whether in any event the evidence was sufficient to establish falsity – appeal allowed – matter remitted to the trial judge for re-determination in relation to penalty
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB Corporations Act 2001 (Cth) s 500 Evidence Act 1995 (Cth) ss 60, 81, 87 Federal Court of Australia Act (Cth) s 37M Federal Court Rules 2011 rr 16.08 and 39.05
Cases cited: Attorney-General (Cth) v Queensland (1990) 25 FCR 125 Commissioner of Taxation of the Commonwealth of Australia v 4 Doonan Street Collinsville Pty Ltd (in liq) [2016] NSWCA 69 Delta Metallics v Hawley-Jacobs t/as Flightboi Health and Fitness Centre [2006] FCA 334 Helmbright v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (No 2) [2021] FCA 647; (2021) 287 FCR 109 Huang v Hua Cheng International Group Pty Ltd [2019] NSWCA 155 Huber V CellOS Software Ltd (in liq) [2022] FCA 744 Love v Commonwealth [2020] HCA 3; (2020) 270 CLR 152 Mabo v Queensland (No 2) [1992] HCA 23; (1992) 175 CLR 1 at 70 McHugh v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2020] FCAFC 223; (2020) 283 FCR 602 Sanofi v Parke Davis Pty Ltd [No 1] (1982) 149 CLR 147 Summers v Repatriation Commission [2015] FCAFC 36; 230 FCR 179 Water Board v Moustakas [1988] HCA 12; 180 CLR 491
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