Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2) [2017] FCA 709

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2) [2017] FCA 709 File number: VID 1074 of 2016

Judge: BEACH J

Date of judgment: 23 June 2017

Catchwords: CONSUMER LAW – contraventions of the Australian Consumer Law – representative case based on system of conduct or pattern of behaviour – misleading or deceptive conduct – false or misleading representations – unfair consumer contract terms – unsolicited consumer agreements – unconscionable conduct – accessorial liability of company director – leave to proceed against company in liquidation under s 500(2) of the Corporations Act 2001 (Cth) – leave to proceed under r 30.21(1)(b)(i) of the Federal Court Rules 2011 (Cth) where respondents absent at trial – contraventions of Australian Consumer Law established

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, ss 4, 18, 21, 22, 23, 24, 25, 27, 29, 60, 61, 62, 69, 70, 79, 86, 155, 159, 224, 267 Corporations Act 2001 (Cth) s 500(2) Federal Court Rules 2011 (Cth) r 30.21

Cases cited: Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 368 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited (2014) 317 ALR 73; [2014] FCA 634 Australian Competition and Consumer Commission v Dukemaster Pty Ltd [2009] FCA 682 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (2016) 244 FCR 538 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd [2016] FCA 1560 Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Campomar Sociedad, Limitada v Nike International Ltd (2000) 202 CLR 45 Google Inc v Australian Competition and Consumer Commission (2013) 249 CLR 435 Knight v Beyond Properties Pty Ltd (2007) 242 ALR 586; [2007] FCAFC 170 National Exchange Pty Ltd v Australian Securities and Investments Commission (2004) 61 IPR 420; [2004] FCAFC 90 NRM Corporation Pty Ltd v Australian Competition and Consumer Commission [2016] FCAFC 98 Paciocco v Australia and New Zealand Banking Group Limited (2015) 236 FCR 199 SAP Australia Pty Ltd v Sapient Australia Pty Ltd (1999) 169 ALR 1; [1999] FCA 1821 Tec & Tomas (Australia) Pty Ltd v Matsumiya Computer Company Pty Ltd (1984) 1 FCR 28 Yorke v Lucas (1985) 158 CLR 661