Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368 Citation: Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ACN 117 372 915 PTY LIMITED ACN 117 372 915 (IN LIQUIDATION), ACN 095 238 645 PTY LIMITED ACN 095 238 645 (IN LIQUIDATION), JACOV VAISMAN, BRIAN LONERGAN, JAMES VANDELEUR, NRM CORPORATION PTY LTD ACN 151 468 601 and NRM TRADING PTY LTD ACN 151 469 493

File number: VID 1113 of 2010

Judge: NORTH J

Date of judgment: 22 April 2015

Catchwords: CONSUMER LAW – Unconscionable conduct prohibited by statute – unfair contract terms – medical clinic – doctors prescribing medications and treatment for male sexual dysfunction over the telephone – statutory unconscionability not limited to the unwritten law –informed by equitable principles – not limited to circumstances where an individual is disadvantaged by the conduct – unconscionability involves degree of moral taint – reference to morality not to be substituted for the words of the section – unconscionability is conduct against conscience – conduct will not be unconscionable only because it is unfair or unreasonable – relevance of community standards and industry codes – finding of unconscionable conduct not to be based on personal morality of judicial officer – whether refund term was an unfair contract term – s 23 and s 24 Australian Consumer Law – whether third respondent aided, abetted, counselled, or procured, or was knowingly concerned in or party to the alleged contraventions Legislation: Australian Consumer Law, Sch 2 to the Competition and Consumer Act 2010 (Cth) ss 21, 22, 23, 24, 25, 27, 232, 239, 240, 243, 246, 250 Evidence Act 1995 (Cth) s 97, s 140 Federal Court of Australia Act 1976 (Cth) s 21 Health Practitioner Regulation National Law Act 2009 (Qld) Sch, s 39, s 41 Trade Practices Act 1974 (Cth) s 51AB, s 80 Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) Sch 7