Australian Competition and Consumer Commission v Unique International College [2017] FCA 727

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Unique International College [2017] FCA 727 File number: NSD 1277 of 2015

Judge: PERRAM J

Date of judgment: 30 June 2017

Catchwords: CONSUMER LAW – alleged contraventions of s 21 of Australian Consumer Law – unconscionable conduct in trade or commerce – unconscionable conduct in connection with goods or services – where Respondent provided vocational educational services in form of online courses in management, salon management and marketing – allegation that Respondent targeted particular locations, including rural and remote towns and indigenous communities and areas with significant populations of low socio-economic status for marketing and enrolling consumers in courses – whether system of conduct or pattern of behaviour established – whether unconscionable conduct in relation to six nominated consumers - whether unconscionable conduct in all the circumstances CONSUMER LAW – alleged contraventions of ss 18 and 29 of Australian Consumer Law – misleading or deceptive conduct in trade or commerce – false or misleading representations about goods or services – whether conduct of Respondent misleading or deceptive in relation to representations made to consumers – whether silence in relation to particulars of VET FEE-HELP scheme misleading or deceptive CONSUMER LAW – alleged contraventions of ss 74, 76, 78 and 79 of Australian Consumer Law – unsolicited consumer agreement provisions – whether unsolicited consumer agreements within meaning of Division 2 – whether statute requires dealer to initiate negotiations which led to entering into of agreement – disclosing purpose and identity – informing person of termination period – requirement to give document to customer – requirements for all unsolicited consumer agreements – whether 'party plan event' exception applies