s. 51AB, 52. Unconscionable conduct and misleading and deceptive conduct
15 September 2004: Proceedings were instituted in the Federal Court, Darwin against Mr Ramon Keshow for alleged unconscionable conduct and misleading and deceptive conduct in the promotion and supply of educational materials in indigenous communities in the Northern Territory.
The ACCC alleges Mr Keshow has engaged in the conduct since September 1998 and is seeking orders, including declarations, that the conduct engaged in by Mr Keshow contravened the Trade Practices Act. It is also seeking injunctions to restrain Mr Keshow from engaged in the conduct again.
The matter has been listed for a directions hearing in the Federal Court, Darwin, on 19 October before Justice Mansfield.
19 October 2004: A directions hearing was held. The case will be heard in early February 2005. The respondent has not yet filed a defence.
7–8 February 2005: The matter was heard in the Federal Court, Alice Springs, before Justice Mansfield.
5 May 2005: Justice Mansfield handed down his judgment declaring that in connection with the supply of educational materials and household goods to eight indigenous consumers, Mr Ramon Keshow engaged in conduct that was in all the circumstances unconscionable in breach of s. 51AB of the Act. The court further found that Mr Keshow had engaged in unconscionable conduct in a broader sense in the way he had supplied goods to consumers living in indigenous communities in the Northern Territory. Justice Mansfield also found that Mr Keshow engaged in conduct that was misleading and deceptive.
Mr Keshow was not only banned from entering the three communities Santa Teresa, Amoonguna and Little Sisters camp in and around Alice Springs but from all indigenous communities in the Northern Territory requiring a permit to enter, for the purpose of selling goods or soliciting customers or promoting goods for a period of three years.
A further injunction was granted restraining Mr Keshow from using automatic bank account deduction authorities without full disclosure to his customers of their effect. Mr Keshow is also required to undertake compliance training and pay costs.
Mr Keshow conducted his business under the business names of National Maths Academy, Drysdale Correspondence Schools and Easy Buying Services.
