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Captain Cook, ACCC to mediate after failed High Court appeal
Competition & Consumer Protection 2024-09-23 11:23 pm By Andy Sidler

Captain Cook College and its COO will attempt to reach an agreement on penalty with the ACCC after the High Court knocked back their appeal of a systemic unconscionable conduct finding.

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Judges not constrained by unconscionable conduct checklist, High Court finds
Competition & Consumer Protection 2024-08-14 11:56 pm By Cat Fredenburgh

The High Court has rejected an appeal by Captain Cook College of a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, finding courts are not constrained by factors the consumer law says it “may consider” in deciding if conduct rises to the level of unconscionability.

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High Court to hear appeal of ACCC’s unconscionable conduct win against college
Competition & Consumer Protection 2023-09-15 4:54 pm By Cindy Cameronne

The High Court has granted defunct online educator Captain Cook College special leave to appeal a finding that it engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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College’s enrolment practices should be ‘condemned’, Full Court says in ACCC win
Competition & Consumer Protection 2023-04-06 4:29 pm By Cindy Cameronne

The Full Federal Court has upheld a finding that online educator Captain Cook College engaged in systemic unconscionable conduct by enrolling thousands of unsuitable students, who accrued $60 million in debt but never finished their courses. 

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$27M penalty for ‘extensive and systematic’ failures by CBA units
Financial Services 2022-10-25 11:03 pm By Sam Matthews

Commonwealth Bank units CommSec and Australian Investments Exchange have been ordered to pay more than $27 million for “serious and unacceptable” system failures that led to excessive fee charges for customers.

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CommSec agrees to $20M penalty for ‘serious and unacceptable’ system failures
Financial Services 2022-03-03 9:02 pm By Bianca Hrovat

Commonwealth Bank unit CommSec has agreed to pay a $20 million penalty for a series of “serious and unacceptable” failures that lead to excessive fee charges, a court has heard.

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ASIC opposes BlueScope general manager’s request to manage company
Competition & Consumer Protection 2021-12-09 3:09 pm By Cindy Cameronne

The Australian Securities and Investments Commission has opposed BlueScope Steel general manager Jason Ellis’ request for court permission to manage another company, saying he should wait until the ACCC’s price-fixing case against him has been decided.

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Captain Cook College engaged in systemic unconscionable conduct, court finds
Competition & Consumer Protection 2021-07-02 11:09 pm By Cat Fredenburgh

Motivated by greed, online educator Captain Cook College engaged in a system of unconscionable conduct by enrolling thousands of students who accrued $60 million in debt but never finished their courses, a court has found.

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GetSwift’s move to Canada wins court, FIRB approval after fierce opposition by ASIC
Securities 2021-01-08 9:21 pm By Miklos Bolza

Last-mile logistics software company GetSwift has ceased trading on the ASX after its relocation to Canada got the greenlight by the Federal Court and FIRB despite the company facing ongoing litigation in Australia.

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ASIC not ‘disproportionately prejudiced’ by GetSwift’s move to Canada, judge says
Corporate 2020-12-01 9:23 pm By Miklos Bolza

A judge has found that a plan by last mile logistics software company GetSwift to relocate to Canada in the midst of ongoing civil litigation would not “disproportionately prejudice” ASIC, which is seeking penalties against the company.

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