Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2018] FCA 155 File number: VID 35 of 2018
Judge: MIDDLETON J
Date of judgment: 23 February 2018
Catchwords: CONSUMER LAW – credit contracts with consumers – s 128, s 129 and s 130 of the National Consumer Credit Protection Act 2009 (Cth) – assessment of credit – appropriateness of penalty – considerations to take into account in setting penalties – multiple contraventions
Legislation: National Consumer Credit Protection Act 2009 (Cth)
Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] FCAFC 159 Australian Securities and Investments Commission v Channic Pty Ltd (No 5) [2017] FCA 363 Australian Securities and Investments Commission v The Cash Store Pty Ltd (in liq) (No 2) [2015] FCA 93 Australian Securities and Investments Commission v Wealth & Risk Management Pty Ltd (No 2) [2018] FCA 59 Make It Mine Finance Pty Ltd in the matter of Make It Mine Finance Pty Ltd (No 2) [2015] FCA 1255
Date of hearing: 15 February 2018
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Mr E Nekvapil
Solicitor for the Applicant: Australian Securities and Investments Commission
Counsel for the Respondent: Mr A C Archibald QC with Mr J Kirkwood
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