Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Bendigo and Adelaide Bank Limited [2020] FCA 716 File number: NSD 1421 of 2019
Judge: GLEESON J
Date of judgment: 28 May 2020
Catchwords: CONSUMER LAW – unfair contract terms within the meaning of s 12BG(1) of the Australian Securities and Investments Commission Act 2001 (Cth) (Act) – where bank concedes impugned terms unfair – where parties seek declarations under ss 12BF, 12BG and 12GND, and variations of contract terms under s 12GNB of the Act – principles governing question of whether contract terms unfair under s 12BG
Legislation: Australian Consumer Law, Schedule 2 to the Competition and Consumer Act 2010 (Cth) s 24 Australian Securities and Investments Commission Act 2001 (Cth) ss 12BAA, 12BF, 12BG, 12BH, 12BK, 12GNB, 12GNC, 12GND Australian Securities and Investments Commission Regulations 2001 (Cth) r 2B Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Advanced Medical Institute Pty Limited [2015] FCA 368; [2015] ATPR 42-498 Australian Competition and Consumer Commission v Acquire Learning & Careers Pty Ltd [2017] FCA 602; [2017] ATPR 42-543 Australian Competition and Consumer Commission v Ashley & Martin Pty Ltd [2019] FCA 1436 Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204; (2015) 239 FCR 33; [2015] ATPR 42-513 Australian Competition and Consumer Commission v CLA Trading Pty Ltd [2016] FCA 377; (2016) ATPR 42-517 Australian Competition and Consumer Commission v Coles [2014] FCA 1405 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2006] FCA 1730; (2007) ATPR 42-140 Australian Competition and Consumer Commission v Econovite Pty Ltd [2003] FCA 964 Australian Competition and Consumer Commission v JJ Richards & Sons Pty Ltd [2017] FCA 1224; [2017] ATPR 42-558 Forster v Jododex Australia Pty Ltd [1972] HCA 61; (1972) 127 CLR 421 Jetstar Airways Pty Ltd v Free [2008] VSC 539 Paciocco v Australia and New Zealand Banking Group Ltd [2016] HCA 28; (2016) 258 CLR 525 Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50; (2015) 236 FCR 199 Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438
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