Stephanie Patterson

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.

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.

 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.

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.

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. 

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.

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.

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. 

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.

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.