ACCC institutes proceedings against résumé writing business Burnan Pty Ltd and Mr Keith Rolston

The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Perth against Burnan Pty Ltd, and one of its directors, Mr Keith Rolston, for alleged contraventions of the Trade Practices Act 1974. 

The conduct relates to the promotion and sale of résumé writing businesses to the public.

The ACCC alleges that Burnan made certain representations about the income which could be earned by operating the résumé writing business but did not have reasonable grounds for those representations. The ACCC alleges Burnan's conduct was misleading or deceptive in breach of section 52 of the Act, and that Mr Rolston was knowingly concerned in that conduct.

The ACCC also alleges Burnan breached court enforceable undertakings previously given to the ACCC under section 87B of the Act.  It is alleged that contrary to those undertakings Burnan entered into agreements with prospective purchasers without first obtaining a signed statement that they had received independent advice about the business they were to buy.

The ACCC seeks orders including declarations that Burnan's conduct contravened the Act and that Mr Rolston was knowingly concerned in that conduct; injunctions; corrective notices; and costs.

This matter has been listed for a directions hearing on 19 May 2009.