Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v General Commercial Group Pty Ltd [2023] FCA 24 File number(s): QUD 242 of 2021
Judgment of: DOWNES J
Date of judgment: 24 January 2023
Catchwords: CONSUMER LAW – admitted contraventions of s 47(1)(a) and s 47(1)(m) National Consumer Credit Protection Act 2009 (Cth) – where failure to comply with obligations imposed by reg 11A National Consumer Credit Protection Regulations 2010 (Cth) – where complaints made to the Australian Financial Complaints Authority about corporate respondents by consumers – where respondents failed to take reasonable steps to cooperate including refusing to provide documents – where failure to do all things necessary to ensure credit activities authorised by Australian Credit Licence were engaged in efficiently, honestly and fairly – where directors were involved in contraventions by corporate respondents – where declarations, pecuniary penalties and injunctions sought against each respondent by consent – proposed declarations, pecuniary penalties and injunctive relief ordered with minor modifications
Legislation: Fair Work Act 2009 (Cth) s 546 National Consumer Credit Protection Act 2009 (Cth) ss 5(1), 6, 47(1)(a), 47(1)(m), 47(4), 166, 167, 167A, 167B, 169, 177, Pt 2.2 Trade Practices Act 1974 (Cth) National Consumer Credit Protection Regulations 2010 (Cth) reg 11A
Cases cited: Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599; [2022] HCA 13 Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 1543 Australian Securities and Investments Commission v Financial Circle Pty Ltd (2018) 131 ACSR 484; [2018] FCA 1644 Australian Securities and Investments Commission v GoGetta Equipment Funding Pty Ltd [2021] FCA 420 Australian Securities and Investments Commission v National Australia Bank Limited [2020] FCA 1494 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482; [2015] HCA 46 Trade Practices Commission v CSR Ltd [1990] FCA 521; (1991) ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24; [2021] FCAFC 49
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