R and N Hunter Pty Ltd ATF The Hunter Family Superannuation Fund v Count Financial Limited

[2025] FCA 544

Federal Court of Australia27 May 2025

Built by Barristers,
For Australian Law.

1. Equity
2. › where claimed Representatives and Licensee owed fiduciary obligations to group members by reason of representations made in financial services guide
3. › whether common questions of fact and law able to be determined in proceeding
4. › common questions not able to be determined in proceeding
1. Corporations
2. › whether Licensee contravened s 961L of the Corporations Act
3. › whether Licensee failed to take reasonable steps to ensure that Representatives complied with, relevantly, s 961B and s 961J
4. › consideration of Licensee’s remuneration policy, incentive program, supervision of Representatives, quality assurance processes and standards
5. › contravention not established
1. Corporations
2. › where group members claim Representatives failed to comply with s 961B and s 961J and Licensee contravened s 961L
3. › whether common questions of fact and law able to be determined in proceeding
4. › common questions proposed by respondent able to be determined in proceeding
5. › contraventions not established
1. Consumer Law
2. › whether Licensee made representations as to future matters to applicant that were likely to mislead or deceive
3. › whether Licensee contravened s 1041H of the Corporations Act, s 12DA of the Australian Securities and Investments Act 2001 (Cth) or s 18 of the Australian Consumer Law in Sch 2 to the Competition and Consumer Act 2010 (Cth)
4. › contraventions not established