Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Expert Evidence Admissibility) [2025] FCA 75

Australian Securities and Investments Commission v Money3 Loans Pty Ltd (Expert Evidence Admissibility) [2025] FCA 75 File number(s):

Judgment of: MCELWAINE J

Date of judgment: 12 February 2025

Catchwords: PRACTICE AND PROCEDURE- Evidence Act 1995 (Cth), s 79-expert evidence regarding procedures for a licensee to achieve compliance with obligations at ss 47, 128, 129, 130 and 133 of the National Consumer Credit Protection Act 2009 (Cth)- whether expert evidence exposes the factual foundation that satisfies the requirement that the opinions are substantially based on specialised knowledge-extent to which the expert is obliged to particularise practices that are contended to have been those of reasonable and prudent lenders at the relevant time-contention that the expert failed to reveal how his expertise connects the factual foundation of the opinions expressed-held opinion adequately reveals those matters despite its length and complexity-admissibility objection dismissed.

Corporations Law (Cth) s 232(2) Legislation: Evidence Act 1995 (Cth) s 79 National Consumer Credit Protection Act 2009 (Cth) ss 47(1)(e), 47(1)(g), 128, 129, 130, 130(1)(a), 130(1)(b), 131, 133(1)

Australian Securities And Investments Commission v Vines [2003] NSWSC 1095;48 ACSR 291 Australian Securities and Investments Commission v Westpac Banking Corporation [2020] FCAFC 111; 277 FCR 343 Dasreef Pty Ltd v Hawchar [2011] HCA 21;243 CLR 588 Fonterra Brands (Australia) Pty Ltd v Viropoulos (No 2) [2015] FCA 974 Cases cited: Honeysett v The Queen [2014] HCA 29; 253 CLR 122 Kennedy v Cordia (Services) LLP [2016] UKSC 6 Lang v The Queen [2023] HCA 29; 97 ALJR 758 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 MB v Protective Commissioner [2000] NSWSC 717;217 ALR 631 Permanent Trustee Australia Ltd v Boulton (1994) 33 NSWLR 735