CPA Australia Ltd v Storai

CPA Australia Ltd sought to appeal a decision of the VCAT which had declared that it had fair-trading jurisdiction over the operation of CPA Australia’s complaints and discipline system. The decision concerned an allegation of unconscionable conduct by CPA Australia in relation to its handling of a complaint made by Mr Storai. CPA Australia claimed that the VCAT had erred in concluding that its complaints and discipline system involved the supply of services in trade or commerce, and thus fell within the VCAT’s fair-trading jurisdiction. The VCAT had found that the system involved the supply of services in trade or commerce as it was a system which was used to investigate complaints about members of CPA Australia and to discipline those members, and was therefore a service provided to the members.

The court was required to decide whether the VCAT had erred in concluding that it had fair-trading jurisdiction over CPA Australia’s complaints and discipline system. The court considered whether the system involved the supply of services in trade or commerce, and if so, whether those services were supplied in the course of trade or commerce. The court found that the VCAT had not erred in concluding that the system involved the supply of services in trade or commerce. The court found that the system was used to investigate complaints about members of CPA Australia and to discipline those members, and was therefore a service provided to the members. The court also found that the services were supplied in the course of trade or commerce as the system was an integral part of CPA Australia’s operations as a professional body.

The appeal was dismissed. The court found that the VCAT had not erred in concluding that it had fair-trading jurisdiction over CPA Australia’s complaints and discipline system. The court found that the system involved the supply of services in trade or commerce, and that those services were supplied in the course of trade or commerce. The court found that the VCAT had not erred in law, and that its decision was correct. The appeal was dismissed with costs.