Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd [2016] FCA 403

Australian Competition and Consumer Commission v A.C.N. 099 814 749 Pty Ltd [2016] FCA 403

The tax return service agreements were not 'unsolicited consumer agreements' under s 69(1) ACL because the services were substantively requested by the consumers, not initiated by Mr Wright as dealer; the 'negotiations' required by the section were not present; the 'place' requirement targets locations needing an invitation for proper entry (such as private homes), not public kiosks or offices. Consequently, the agreements entered into did not fall within the specific protective regime of the UCA provisions.

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Civil / Trial Judgment
Outcome
Application dismissed
Legal Topics
['unsolicited Consumer Agreements' 'statutory Construction' 'australian Consumer Law' 'direct Selling' 'remedial or Beneficial Legislation']
['consumer Law'] ['unsolicited Consumer Agreements' 'statutory Construction' 'australian Consumer Law' 'direct Selling' 'remedial or Beneficial Legislation']

Case Brief

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Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 ["Whether agreements for tax return services provided by Mr Wright were 'unsolicited consumer agreements' under s 69(1) of the Australian Consumer Law" "Proper construction and scope of s 69(1), specifically 'negotiations', 'place', and invitation requirements" 'Whether the agreements fell within the kinds of unscrupulous sales practices targeted by the UCA provisions']

Ratio Decidendi

The tax return service agreements were not 'unsolicited consumer agreements' under s 69(1) ACL because the services were substantively requested by the consumers, not initiated by Mr Wright as dealer; the 'negotiations' required by the section were not present; the 'place' requirement targets locations needing an invitation for proper entry (such as private homes), not public kiosks or offices. Consequently, the agreements entered into did not fall within the specific protective regime of the UCA provisions.

Court Disposition

Application dismissed

Orders

  • ['The amended originating application filed on 6 August 2015 is dismissed.']