Proceedings regarding the criteria for pecuniary penalties for contravention of the Competition and Consumer (Industry Codes-Diary) Regulations 2019 (Cth). Claire Schneider (with F Forsyth KC) appeared for the applicant, instructed by Johnson Winter Slattery. Michael Hodge KC (with D Hume) appeared for the respondent, instructed by Clifford Chance. The judgment…
Commonwealth of Australia v Rose Training Australia Pty Ltd [2022] FCA 36
1-2-22 / Matthew Jones KC, Claire Schneider — Professional Discipline & Regulatory, Competition & Consumer
The proceeding was a prosecution against an education service provider, by the Australian Skills Quality Authority, for contraventions of s 94 and s 96 of the National Vocational Education and Training Regulator Act 2011 (Cth) (NVR Act). The parties formulated an Agreed Statement of Facts and Joint Submissions to the court as to…
Between 26 July 2013 and 24 September 2015, ANZ charged non-payment fees and transaction fees to non-loan retail customers and commercial customers in relation to periodical payments between accounts in the same name when it was not contractually entitled to do so, despite knowing from about 11 July 2011 that…
An interlocutory ruling on a challenge to the admissibility of an expert’s report that was made during the course of final hearing. The central issue of the case was whether the first respondent, a vocational education and training (VET) provider, engaged in systemic unconscionable conduct in contravention of s 21 of the…
A Federal Court proceeding for relief which included penalties for conduct exhibiting statutory unconscionability and for providing financial services otherwise than efficiently, honestly and fairly. Under review were whether procedures were informed by techniques of equity; presentation of facts and grievances in narrative form; potential inappropriateness of statement of claim;…
