ss. 51AC, 52. Alleged unconscionable conduct and misleading and deceptive conduct
Latest update: A further directions hearing was held on 8 September 2005. The timetable for filing evidence was set and a further directions hearing date is to be fixed after 12 January 2006.
Latest update: On 5 September 2005 Justice Lander ordered that the ACCC’s pleadings in relation to Fox Symes & Associates advertising representations ‘Debt relief for individuals. It’s not bankruptcy. It’s not a loan. It’s legal. It releases you from debt’ be struck out. Justice Lander found that there was nothing in the advertisements that gave rise to the imputation pleaded by the ACCC that Fox Symes offered services to persons in financial difficulty, arising from debts, which would enable them to be released from their debts without any consequences to them similar to the consequences that would result from them becoming bankrupt.
Justice Lander gave the ACCC leave to file a further amended statement of claim.
On 21 September 2005 the ACCC filed a further amended statement of claim and a further amended application.
