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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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Macquarie Bank hit with $10M penalty over financial adviser’s theft
Financial Services 2024-04-19 3:10 pm By Cindy Cameronne

 Macquarie Bank has agreed to pay a $10 million fine in proceedings brought ASIC after the bank admitted that it failed to monitor third-party withdrawals, resulting in a financial adviser’s theft of $2.9 million.

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Damages trial in live export class action to push case into 11th year
Class Actions 2024-04-08 1:10 pm By Cindy Cameronne

A hearing in a class action to determine the extent of lost sales suffered by cattle exporters following a ban on live exports has been set down for April next year, making the case the oldest unresolved class action on the Federal Court docket.

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Government rejects $510M settlement offer in live exports class action
Class Actions 2024-01-19 5:22 pm By Cindy Cameronne

The Minister for Agriculture has rejected an offer to settle a nine-year-old class action over the government’s 2011 ban on the live export of cattle for $510 million plus up to $390 million in legal costs and interest. 

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Government urged to shell out $900M to settle live exports class action
Class Actions 2023-12-04 10:43 pm By Cat Fredenburgh

The applicant in a nine-year-old class action over the government’s 2011 live exports ban has urged the Commonwealth to pay up to $900 million to settle the case, after earlier settlement efforts flopped.

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Live exports ban class action may face more delays as Full Court hearing flagged
Class Actions 2023-10-18 11:46 pm By Sam Matthews

A judge has balked at the court being asked to examine the internal workings of the Indonesian government in the nine-year old live exports ban class action, flagging a possible Full Court hearing of the matter before damages are finalised.

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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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‘Cloud cuckoo land’: Judge questions class action’s bid to beef up export ban damages claim
Class Actions 2023-07-07 11:21 pm By Sam Matthews

A judge overseeing a class action over the government’s total ban on live cattle exports to Indonesia has challenged the applicant’s bid to base group member damages on an increased number of cows that could have been exported, three years after the lead applicant won a $2.9 million judgment.

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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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