Disgraced wellness blogger Belle Gibson will face a penalty handed down by the Victorian Federal Court for a majority of claims against her of defrauding clients and profiting from false cancer claims.
Justice Debbie Mortimer handed down her judgment on Wednesday morning in Melbourne, saying Ms Gibson had contravened the law in "most, but not all" allegations against the 25-year-old who faked brain cancer.
"I have upheld most, but not all of the allegations," Justice Mortimer told the court room. "Ms Gibson deliberately played on the genuine desire of members of the Australian community to help those less fortunate.
Gibson took in more than $AU1 million in profits from her cookbook and app, after claiming eschewed traditional cancer treatments in favour of "clean eating" and juice cleanses. Photo / Sky News
"Her 'pitch' overwhelmingly used groups likely to evoke sympathy because of their vulnerabilities - young girls, asylum seekers, sick children."
Justice Mortimer said Ms Gibson consulted GP Dr Phillip Soffer in November 2014, and claimed it was then that she learnt she didn't have cancer, but she failed to inform Apple, Google or Penguin of that fact.
In 2014 Belle Gibson was awarded Cosmopolitan magazine's Fun Fearless Female Award. It was later revoked. Photo / News Corp.
"Ms Gibson explained this by saying that first, she would not update Apple on health or personal matters, and second, that she was in shock and denial at the time that she received the news that she was cleared of cancer diagnoses."
"I am satisfied Ms Gibson and her company made a representation as to existing fact that was misleading or deceptive in any event," Justice Mortimer said.
Belle Gibson was not in court and will hear her judgement at a later date.
Watch: Gibson describes her diagnosis
But the judge said there wasn't enough evidence to prove that Ms Gibson never believed she had cancer, and that at the time she may have been under "some kind of delusion" when blogging about her fake cancer.
"It seems to me that, at least in some respects, it might be open to find that Ms Gibson suffered from a series of delusions about her health condition," Justice Mortimer said.
The judge went on to say that not all humans are "rational and reasonable all of the time".
Consumer Affairs Victoria accused Ms Gibson of engaging in "unconscionable conduct" after she curated a large social media following and released a cookbook and app called The Whole Pantry.
Gibson claimed she was diagnosed with brain cancer in 2009 and given four months to live. Photo / Facebook
Ms Gibson took in more than $AU1 million in profits from her cookbook and app, after she told fans that she'd eschewed traditional cancer treatments in favour of "clean eating" and juice cleanses.
The young mother claimed she was diagnosed with brain cancer in 2009 and given four months to live.
As well as the fake cancer claims, Consumer Affairs Victoria also accused Ms Gibson of not passing on up to $AU300,000 in promised charity donations.
"The alleged contraventions relate to false claims by Ms Gibson and her company concerning her diagnosis with terminal brain cancer, her rejection of conventional cancer treatments in favour of natural remedies, and the donation of proceeds to various charities," CVA said in a statement last year.
In April 2015, the 25-year-old told The Australian Women's Weekly that her claims were false.
"No. None of it's true," she confessed. "I am still jumping between what I think I know and what is reality. I have lived it and I'm not really there yet," she said.
Along with the fine, CAV is seeking an injunction preventing Gibson from engaging in similar conduct, and has also requested she make a public apology in the Herald Sun and The Australian newspapers.
