Recent Cases

BSF Solutions Pty Ltd v Australian Securities and Investments Commission [2025] FCAFC 88 (10 July 2025) (Anderson, Cheeseman and Rofe JJ)


Catchwords:


CONSUMER LAW – appeal from findings of contraventions of the National Consumer Credit Protection Act 2009 (Cth) ss 29, 32 – whether first and second appellants were conducting a shared business model – whether fees charged by second appellant were charges made for the provision of credit by the first appellant – whether first and second appellants should be precluded from recovering principal – appeal dismissed

CONSUMER LAW – accessorial liability – whether case of accessorial liability was properly pleaded against directors of first and second appellants – whether primary judge erred in granting leave to file amended concise statement – whether primary judge adopted the correct approach to accessorial liability – whether findings of knowledge of essential facts of primary contraventions were sufficient to establish accessorial liability – appeal dismissed