Productivity Partners Pty Ltd (trading as Captain Cook College) ACN 085 570 547 & Anor v. Australian Competition and Consumer Commission & Anor
Case No.
S118/2023
Related Case
S116/2023 - Wills v. Australian Competition and Consumer Commission & Ors
Case Information
Lower Court Judgment
06/04/2023 Federal Court of Australia (Wigney, O'Bryan & Downes JJ)
Catchwords
Trade Practices – Consumer law – Unconscionable conduct – Statutory unconscionability under s 21 of Australian Consumer Law (“ACL”) – Where first applicant carried on business providing vocational education and training courses to students – Where second applicant is parent company of first applicant – Where students enrolled in courses by first applicant were eligible for funding support under Commonwealth government scheme (VET-FEE HELP) – Where first applicant engaged agents to market to or recruit potential students – Where changes made to VET-FEE HELP scheme by Commonwealth to protect students from risk of misconduct by agents and providers – Where prior to 7 September 2015, first applicant had several controls in enrolment system which it implemented to ameliorate risk of unethical or careless conduct of agents with respect to enrolments –Where first applicant removed those controls after suffering declining enrolments – Where primary judge and Full Court held first applicant engaged in unconscionable conduct in contravention of s 21 of ACL – Whether Full Court ought to have held that primary judge erred in holding first applicant engaged in unconscionable conduct within meaning of s 21 of ACL, which claim was framed, and considered by trial judge, without reference to factors prescribed by s 22 of ACL – Whether Full Court erred in holding first applicant’s conduct of removing two system controls and operating enrolment system without those controls, in absence of intention that risks ameliorated by those controls eventuate, constituted unconscionable conduct in contravention of s 21 – Whether Full Court erred in holding second applicant knowingly concerned or party to first applicant’s contravention of s 21.
Documents
14/09/2023 Determination (SLA, Canberra)
29/09/2023 Notice of appeal
02/11/2023 Written submissions (Appellant)
02/11/2023 Chronology (Appellant)
30/11/2023 Written submissions (First Respondent)
30/11/2023 Written submissions (Second Respondent)
21/12/2023 Reply
07/02/2024 Hearing (Full Court, Canberra) (Audio-visual recording)
07/02/2024 Outline of oral argument (Appellant)
07/02/2024 Outline of oral argument (First Respondent)
08/02/2024 Hearing (Full Court, Canberra) (Audio-visual recording)