Recent Cases

Australian Securities and Investments Commission v Acbf Funeral Plans Pty Ltd [2024] FCAFC 19 (29 February 2024) (Murphy, O’Bryan and Shariff JJ)


Catchwords:


CONSUMER LAW – alleged false and misleading representations and misleading or deceptive conduct in marketing and selling funeral insurance plans to Indigenous communities – representation that during the relevant period the first respondent was owned or managed by an Aboriginal person or persons – whether the evidence before the primary judge was sufficient to establish the falsity of the representation – whether the first respondent admitted the falsity of the representation such that the appellant was not obliged to put on evidence – whether in any event the evidence was sufficient to establish falsity – appeal allowed – matter remitted to the trial judge for re-determination in relation to penalty