Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 2)

The case of Director, Consumer Affairs Victoria v Vic Solar Pty Ltd (No 2) involves an action brought by the Director, Consumer Affairs Victoria against Vic Solar Pty Ltd for alleged breaches of consumer law. Vic Solar is accused of engaging in misleading or deceptive conduct, entering into unsolicited consumer agreements, and using unconscionable sales tactics in relation to the marketing and sale of residential solar photovoltaic panels and inverters. The court was tasked with determining whether Vic Solar had contravened sections 18, 29, 33, 73, 74, 76, 78, 79, 84, 86 and 21 of the Australian Consumer Law (ACL). The court was also required to decide whether Vic Solar's marketing and sales methods were unconscionable.

The court found that Vic Solar had indeed contravened the ACL by misleading consumers regarding the benefits of solar PV systems, entering into unsolicited consumer agreements, and using unconscionable sales tactics. The court relied on admissions made by Mr Srinivasan, a director of Vic Solar, as well as business records, consumer affidavits, and expert evidence from Mr Warwick Johnston. The court held that Vic Solar's marketing and sales methods were designed to deceive consumers, and that the company's conduct was unconscionable. The court also found that Mr Srinivasan was knowingly concerned in Vic Solar's contraventions of the ACL.

The court ordered that the parties file draft short minutes containing an agreed form of declarations reflecting these reasons for decision and proposed orders for timetabling a hearing as to pecuniary penalties and other relief. If the parties could not agree, they were to file competing draft short minutes and accompanying submissions. The court emphasised the importance of facilitating the just resolution of disputes as quickly, inexpensively and efficiently as possible.