Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 3) [2019] FCA 1982

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 3) [2019] FCA 1982 File number: NSD 453 of 2016

Judge: BROMWICH J

Date of judgment: 26 November 2019

Catchwords: CONSUMER LAW – alleged contraventions of s 21 of the Australian Consumer Law – where respondent provided online vocational education training courses – whether respondent engaged in unconscionable system of conduct or pattern of behaviour by visiting low socio-economic communities, making false or misleading representations courses were free, offering inducements, failing to explain nature of VET FEE-HELP obligations, not assessing adequacy of skills to complete course – whether insufficient training and monitoring of agents – whether unconscionable conduct in relation to 13 individual consumers CONSUMER LAW – alleged contraventions of ss 76 and 78 of the Australian Consumer Law – whether respondent contravened unsolicited consumer agreement provisions regarding specific consumers CONSUMER LAW – alleged contraventions of ss 18 and 29 of the Australian Consumer Law – misleading or deceptive conduct in trade or commerce – false or misleading representations about goods or services –whether recruiters made misleading or deceptive representations to specific consumers – whether this was shown to be part of a wider system of conduct or pattern of behaviour

Legislation: Australian Consumer Law (contained in Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 21, 21(4)(b), 22, 29(1), 69, 70, 76, 78, 239 Competition and Consumer Act 2010 (Cth), ss 137H(3), 139B(1)(a), 130B(2), 155 Corporations Act 2001 (Cth) s 500 Evidence Act 1995 (Cth) ss 136, 140(2) Higher Education Support Act 2003 (Cth) National Vocational Education and Training Regulator Act 2011 (Cth)