Australian Securities and Investments Commission v Accounts Control Management Services Pty Ltd [2012] FCA 1164

FEDERAL COURT OF AUSTRALIA

Australian Securities and Investments Commission v Accounts Control Management Services Pty Ltd [2012] FCA 1164 Citation: Australian Securities and Investments Commission v Accounts Control Management Services Pty Ltd [2012] FCA 1164

Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v ACCOUNTS CONTROL MANAGEMENT SERVICES PTY LTD ACN 050 268 141 and ACM GROUP LTD ACN 127 181 097

File number: NSD 684 of 2011

Judge: PERRAM J

Date of judgment: 26 October 2012

Catchwords: TRADE PRACTICES – Misleading or deceptive conduct – application by Australian Securities and Investments Commission alleging misleading or deceptive conduct against debt collection agency – allegation that agency had misled debtors by making various representations about, inter alia, the likelihood, imminence and possible impacts of court proceedings – whether misleading or deceptive conduct established TRADE PRACTICES – Unduly harassing or coercive conduct – application by Australian Securities and Investments Commission alleging unduly harassing or coercive conduct against debt collection agency – allegation that agency had engaged in unduly harassing or coercive conduct by, inter alia, threatening legal proceedings, contacting third parties and threatening other consequences – whether unduly harassing or coercive conduct established WORDS AND PHRASES – 'unduly harassing or coercive' – consideration of the meaning to be given to the word 'unduly' in the context of debt collection – whether 'unduly' qualifies both 'harassing' and 'coercive'

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DJ Payment Systems (Regulation) Act 1998 (Cth) s 11 Trade Practices Act 1974 (Cth) s 52, 60 Australian Securities and Investments Commission Regulations 2001 (Cth) Reg 2B