Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Allianz Australia Insurance Limited [2021] FCA 1062 File number: VID 645 of 2020
Judgment of: ALLSOP CJ
Date of judgment: 6 September 2021
Catchwords: CORPORATIONS – misleading or deceptive conduct –financial products – insurance – allegation that defendants had misled insureds by making four discrete representations about the Integrated Product – where first defendant represented that the premium of the Integrated Product was calculated by reference to matters having no bearing on the calculation – where defendants represented that the Integrated product provided coverage for journeys which were not covered – where defendants represented that the Integrated product provided coverage for customers of a demographic who were not covered – where defendants represented that travel insurance covering medical expenses was an essential part of travel in circumstances where the Integrated Product did not cover medical expenses – where liability admitted CORPORATIONS – misleading or deceptive conduct –financial products – insurance – penalty – principles relating to the determination of penalty where parties are in agreement as to the appropriate range
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DF, 12GBA, 12GBB Corporations Act 2001 (Cth) s 912A, s 1041H Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; 262 CLR 157 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v Dattaline.net.au Pty Ltd (in liq) [2007] FCAFC 146; 161 FCR 513 Australian Competition and Consumer Commission v IPM Operation and Maintenance Loy Yang Pty Limited (No 2) [2007] FCA 11; 59 AILR 100-621 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265; 215 ALR 301 Australian Competition and Consumer Commission v Optus Mobile Pty Limited [2019] FCA 106 Australian Competition and Consumer Commission v Telstra Corporation Limited [2018] FCA 571 Australian Securities and Investments Commission v AGM Markets Pty Ltd (in liquidation) (No 4) [2020] FCA 1499; 148 ASCR 511 Australian Securities and Investments Commission v Financial Circle Pty Ltd [2018] FCA 1644; 131 ACSR 484 Australian Securities and Investments Commission v Forex Capital Trading Pty Limited, in the matter of Forex Capital Trading Pty Limited [2021] FCA 570 Australian Securities and Investments Commission v GE Capital Finance Australia [2014] FCA 701 Australian Securities and Investments Commission v Monarch FX Group Pty Ltd [2014] FCA 1387 Australian Securities and Investments Commission v Port Philip Publishing Pty Ltd [2019] FCA 1483; 103 ACSR 453 Australian Securities Investments Commission v TAL Life Limited (No2) [2021] FCA 193; 389 ALR 128 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2016] FCAFC 184; 247 FCR 339 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 269 ALR 1 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59; 229 FCR 331 Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301; 275 IR 148 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72; ATPR 41-993 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2003] FCA 1454; 134 FCR 370 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70; 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; 384 ALR 75 Seven Network Ltd v News Ltd [2009] FCAFC 166; 182 FCR 160 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249 Trade Practices Commission v CSR Limited [1990] FCA 762; (1991) ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission [2021] FCAFC 49; 151 ACSR 407
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