Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 3) [2017] FCA 1018

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 3) [2017] FCA 1018 File number: VID 1074 of 2016

Judge: BEACH J

Date of judgment: 30 August 2017

Catchwords: CONSUMER LAW – assessment of pecuniary penalties – disqualification order – injunctions – contraventions of the Australian Consumer Law – system of conduct – misleading or deceptive conduct – false or misleading representations – unfair consumer contract terms – unconscionable conduct – unsolicited consumer agreements – accessorial liability of company director – relief granted and orders made

Legislation: Competition and Consumer Act 2010 (Cth) sch 2 ss 4, 18, 21, 23, 24, 29, 60, 61, 62, 69, 79, 86, 224, 232, 248, 250 Corporations Act 2001 (Cth) s 500 Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Australian Competition and Consumer Commission v Acquire Learning and Careers Pty Ltd [2017] FCA 602 Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd (in liquidation) [2005] FCA 1212 Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (No 2) [2016] FCA 62 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540; [2015] FCA 330 Australian Competition and Consumer Commission v Construction, Forestry, Mining & Energy Union [2007] ATPR 42-192; [2007] FCA 1546 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) (2012) 206 FCR 160 Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd (administrators appointed) [2004] ATPR 41-983; [2004] FCA 376 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liquidation) (No 2) [2017] FCA 709 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 2) [2012] ATPR 42-399; [2012] FCA 535 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Limited (No 2) [2015] FCA 1090 Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) [2017] FCA 521 Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Ltd (2006) 157 FCR 162 Australian Competition and Consumer Commission v OmniBlend Australia Pty Ltd [2015] ATPR 42-492; [2015] FCA 871 Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd (subject to deed of company arrangement) (2016) 116 ACSR 353; [2016] FCA 1246 Australian Competition and Consumer Commission v Signature Security Group Pty Limited [2003] ATPR 41-942; [2003] FCA 375 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] ATPR 41-937; [2003] FCA 336 Australian Competition and Consumer Commission v South East Melbourne Cleaning Pty Ltd (in liq) (formerly known as Coverall Cleaning Concepts South East Melbourne Pty Ltd) (No 2) [2015] ATPR 42-492; [2015] FCA 257 Australian Competition and Consumer Commission v Unique International College [2017] FCA 727 Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618; [2002] FCA 192 Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd [1996] ATPR 41-528; [1996] FCA 854 Australian Competition and Consumer Commission v Valve Corporation (No 3) (2016) 337 ALR 647; [2016] FCA 196 Australian Energy Regulator v Snowy Hydro Ltd (No 2) [2015] FCA 58 Re HIH Insurance Ltd (in prov liq); Australian Securities and Investments Commission v Adler (2002) 42 ACSR 80; [2002] NSWSC 483 Australian Securities and Investments Commission v Kobelt [2017] FCA 387 Australian Securities and Investments Commission v Superannuation Warehouse Australia Pty Ltd (2015) 109 ACSR 199; [2015] FCA 1167 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Director of Consumer Affairs Victoria v Dimmeys Stores Pty Ltd (2013) 308 ALR 296; [2013] FCA 1371 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rich v Australian Securities and Investments Commission (2004) 220 CLR 129 Singtel Optus Pty Ltd v ACCC (2012) 287 ALR 249; [2012] FCAFC 20