Consumer Action Law Centre has instituted legal proceedings in the Victorian Civil and Administrative Tribunal (the Tribunal) against Debit Success Pty Ltd (Debit Success) and Rif and Jean Mustafa trading as ‘Albion Self Defence Academy’ alleging contraventions of the unfair contract terms provisions of the Fair Trading Act (the Act).
Consumer Action alleges that Rif and Jean Mustafa, jointly trading as ‘Albion Self Defence Academy’, and Debit Success have wrongfully demanded $1455 from a vulnerable consumer for self defence classes for her children that were not used. Consumer Action alleges that a certain term of the contract is unfair because it forced a consumer to pay for 12 months of classes her children never attended. Section 32Y of the Act says that an unfair contract term is void.
The consumer is seeking orders from the Tribunal that the term is void and that she is not required to pay any money under the contract. The case is scheduled to be heard today in the Tribunal.