Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v The Cash Store Pty Ltd (in liquidation) (No 2) [2015] FCA 93 Citation: Australian Securities and Investments Commission v The Cash Store Pty Ltd (in liquidation) (No 2) [2015] FCA 93
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v THE CASH STORE PTY LTD (IN LIQUIDATION) (ACN 107 205 612) and ASSISTIVE FINANCE AUSTRALIA PTY LTD (ACN 110 777 565)
File number(s): VID 958 of 2013
Judge(s): DAVIES J
Date of judgment: 19 February 2015
Catchwords: CONSUMER LAW – penalty hearing – payday loan business – contraventions of Parts 3-1 and 3-2 of the National Consumer Credit Protection Act 2009 (Cth) and s 12CB of the Australian Securities and Investments Commission Act 2001 (Cth) – principles applicable to fixing penalties for multiple contraventions
Legislation: National Consumer Credit Protection Act 2009 (Cth) Parts 3-1, 3-2, ss 166, 167(3)(b) Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12GBA Federal Court Rules 2011 (Cth) r 1.34
Cases cited: Australian Securities and Investments Commission v The Cash Store Pty Ltd (in liq) [2014] FCA 926 Barbaro v the Queen (2014) 88 ALJR 372; [2014] HCA 2 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2014] FCA 336 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] ATPR 41-937; [2003] FCA 336 Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998 Comcare v John Holland Pty Ltd [2014] FCA 1191 NW Frozen Foods v Australian Competition and Consumer Commission (1996) 141 ALR 640 Australian Competition and Consumer Commission v Dateline Imports Pty Ltd (No 2) [2014] FCA 1222 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076; [1990] FCA 521 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] ATPR 41-937; [2003] FCA 336 Australian Competition and Consumer Commission v Nonchalant Pty Ltd (in liq) [2013] ATPR 42-442; [2013] FCA 605 Registrar of Aboriginal and Torres Strait Islander Corporations v Matcham (No 2) [2014] FCA 27; (2014) 97 ACSR 412 Construction, Forestry, Mining and Energy Union and Another v Cahill (2010) 269 ALR 1; [2010] FCAFC 39 Royer v Western Australia [2009] WASCA 139 Australian Securities and Investments Commission v Australian Property Custodian Holdings Ltd [2014] FCA 1308
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