Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (Penalty) [2024] FCA 795

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd (Penalty) [2024] FCA 795 File number: NSD 1104 of 2022

Judgment of: JACKMAN J

Date of judgment: 19 July 2024

Catchwords: CONSUMER LAW – remedies – disqualification order – civil penalty – non-party consumer redress order – injunctive relief PRACTICE AND PROCEDURE – leave to amend originating application – where amendment would substantially increase extent of penalty to which second defendant exposed – where second defendant did not give evidence at liability hearing – where regulator conceded that second defendant's evidence may realistically have affected outcome – amendment application refused pro tanto

Legislation: Competition and Consumer Act 2010 (Cth) s 137H, Sch 2 ('Australian Consumer Law') ss 224, 232, 239, 248 Federal Court Rules 2011 (Cth) r 8.21

Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Building and Construction Commission v Pattinson [2022] HCA 13; (2022) 274 CLR 450 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; (2018) 262 CLR 157 Australian Competition and Consumer Commission v Australian Institute of Professional Education Pty Ltd (in liq) (No 5) [2021] FCA 1516; (2021) 157 ACSR 500 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd [1997] FCA 450; (1997) 145 ALR 36 Australian Competition and Consumer Commission v Campbell (No 3) [2021] FCA 528 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; (2015) 327 ALR 540 Australian Competition and Consumer Commission v Dell Australia Pty Ltd (No 2) [2023] FCA 983 Australian Competition and Consumer Commission v Equifax Australia Information Services and Solutions Pty Ltd [2018] FCA 1637 Australian Competition and Consumer Commission v Geowash Pty Ltd (subject to a deed of company arrangement) (No 4) [2020] FCA 23; (2020) 141 ACSR 515 Australian Competition and Consumer Commission v Geowash Pty Ltd [2020] FCA 23; (2020) 141 ACSR 515 Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (in liq) (No 3) [2017] FCA 1018 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2005] FCAFC 247; (2006) ATPR 42–091 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd [2024] FCA 344 Australian Competition and Consumer Commission v Megasave Couriers Australia Pty Ltd [2021] FCA 543 Australian Competition and Consumer Commission v Phoenix Institute of Australia Pty Ltd [2023] FCA 859 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Competition and Consumer Commission v viagogo AG (No 3) [2020] FCA 1423 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 262 FCR 243 Australian Securities and Investments Commission v Citrofresh International Ltd (No 3) [2010] FCA 292; (2010) 268 ALR 303 Australian Securities and Investments Commission v Citrofresh International Limited (No 3) [2010] FCA 292; (2010) 268 ALR 303 Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 790 Australian Securities and Investments Commission v Westpac Banking Corporation [2019] FCA 2147 Cameron v R [2002] HCA 6; (2002) 209 CLR 339 Commissioner of Taxation v Pavihi [2019] FCA 2056 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1 Director of Consumer Affairs Victoria v Domain Register Pty Ltd (No 2) [2018] FCA 2008 Markarian v R [2005] HCA 25; (2005) 228 CLR 357 Mathers v Commonwealth [2004] FCA 217; (2004) 134 FCR 135 Nathanson v Minister for Home Affairs [2022] HCA 26; (2022) 403 ALR 398 Rich v Australian Securities and Investments Commission [2004] HCA 42; (2004) 220 CLR 129 Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449 Siganto v R [1998] HCA 74; (1998) 194 CLR 656 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249