Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd [2024] FCA 344

Australian Competition and Consumer Commission v Master Wealth Control Pty Ltd [2024] FCA 344

DG Institute, by its programs and promotional materials for the RER and MWC programs, made misleading and false representations contravening ss 18, 29(1)(b), 29(1)(g), 29(1)(m), and 34 of the ACL. Ms Grubisa was liable as an accessory, having actual knowledge of the falsity and misleading nature of the key...

Source-derived case information.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Master Wealth Control Pty Ltd (ACN 148 036 677); Second Respondent: Dominique Eva Grubisa
Jurisdiction
Australia
Judgment Date
09 April 2024
Procedural Posture
Civil / Judgment After Initial Hearing – Declarations of Contravention (further Remedies to Be Determined)
Outcome
Declarations granted as to contraventions of the Australian Consumer Law by respondents; costs reserved; case listed for further management for other remedies.
Legal Topics
Misleading and Deceptive Conduct, Accessory Liability, False or Misleading Representations, Asset Protection Schemes, Mortgagee Sales and Equity, Declaratory Relief
Consumer Law Competition Law Commercial Law Misleading and Deceptive Conduct Accessory Liability False or Misleading Representations Asset Protection Schemes Mortgagee Sales and Equity +1 more

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Parties

Australian Competition and Consumer Commission

Applicant

Master Wealth Control Pty Ltd (ACN 148 036 677)

First Respondent

Dominique Eva Grubisa

Second Respondent

Procedural Posture

Civil / Judgment After Initial Hearing – Declarations of Contravention (further Remedies to Be Determined)

Legal Issues

  1. 1 Whether the respondents, by promoting and delivering the Real Estate Rescue (RER) and Master Wealth Control (MWC) programs, engaged in misleading or deceptive conduct or made false or misleading representations in contravention of the Australian Consumer Law.
  2. 2 Whether Ms Grubisa was liable as an accessory to DG Institute's contraventions.

Ratio Decidendi

DG Institute, by its programs and promotional materials for the RER and MWC programs, made misleading and false representations contravening ss 18, 29(1)(b), 29(1)(g), 29(1)(m), and 34 of the ACL. Ms Grubisa was liable as an accessory, having actual knowledge of the falsity and misleading nature of the key representations made, and was knowingly involved in and procured these contraventions.

Court Disposition

Declarations granted as to contraventions of the Australian Consumer Law by respondents; costs reserved; case listed for further management for other remedies.

Orders

  • Declarations that DG Institute (first respondent) contravened ss 18, 29(1)(b), 29(1)(g), 29(1)(m), and 34 of the ACL via its RER and MWC programs and promotional conduct.
  • Declaration that Ms Grubisa (second respondent) is liable as an accessory for aiding, abetting, procuring, and being knowingly concerned in the contraventions.