Foster v Australian Competition and Consumer Commission (ABN 83 975 695 966) [2006] FCAFC 21

FEDERAL COURT OF AUSTRALIA

Foster v Australian Competition and Consumer Commission (ABN 83 975 695 966) [2006] FCAFC 21 TRADE PRACTICES – Enforcement and Remedies – Declarations – Injunctions – Whether Court has power under s 80 of Trade Practices Act 1974 to grant injunction prohibiting what would otherwise be lawful activity – Nature of power to grant injunction "in such terms as the Court determines to be appropriate" – Need for nexus between proven contravention of Part V of Trade Practices Act and the prohibition embodied in the injunction. Trade Practices Act 1974 (Cth) s 48, Pt V ss 65C, 76 and s 80, Federal Court of Australia Act 1976 (Cth) ss 22 and 23 Statute Law (Miscellaneous Provisions) Act (No 1) 1983 (No 39, 1983) Explanatory Memorandum Statute Law (Miscellaneous Provisions) Act (No 1) 1983 (No 39, 1983) 2nd Second Reading Speech

Australian Competition and Consumer Commission v Goldy Motors Pty Ltd (2001) ATPR 41-801 Australian Competition and Consumer Commission v Chen (2003) 201 ALR 40 Australian Competition and Consumer Commission v Francis [2004] FCA 487 House v The King (1936) 55 CLR 499 Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 151 Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Australian Memory Pty Ltd v Brien (2000) 200 CLR 270 Hewlett Packard v GE Capital (2003) 203 ALR 51 OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500 BMW Australia Limited v Australian Competition and Consumer Commission (2004) 207 ALR 452 Australian Competition and Consumer Commission v Dermalogica Pty Ltd (2005) 215 ALR 482

PETER CLARENCE FOSTER -v- AUSTRALIAN COMPETITION AND CONSUMER COMMISSION (ABN 83 075 695 966)