Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171

Federal Court of Australia Master Wealth Control Pty Ltd v Australian Competition and Consumer Commission [2024] FCAFC 171 Appeal from: Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (Liability) [2024] FCA 344 Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (Penalty) [2024] FCA 795

File number:

Judgment of: SARAH C DERRINGTON, HALLEY AND SHARIFF JJ

Date of judgment: 20 December 2024

CONSUMER LAW – misleading and deceptive conduct – where representations made in promotional materials and delivery of wealth creation course – whether representations conveyed the meaning found by the primary judge – whether statements were of opinion or fact – whether second appellant liable as accessory – whether primary judge erred as to applicable test for accessorial liability – whether primary judge improperly conflated first and second appellants Catchwords: CONSUMER LAW – remedies – where non-party consumer redress order made refunding course fees – where appellants alleged refund order manifestly excessive – whether primary judge erred in assessing appropriateness of order made under s 239 of Australian Consumer Law –whether House v King error established EVIDENCE – where primary judge drew inference adverse to second appellant in relation to her involvement in the representations – where second appellant did not give evidence – whether primary judge failed to properly consider and apply Evidence Act 1995 (Cth) s 140(2) – whether adverse inference as to state of knowledge in a civil case can only be drawn where "only rational inference available" – whether primary judge erred in drawing Jones v Dunkel inference