Federal Court of Australia
Federal Court of Australia
Australian Competition and Consumer Commission v Employsure Pty Ltd (No 2) [2021] FCAFC 157 Appeal from: Australian Competition and Consumer Commission v Employsure Pty Ltd [2020] FCA 1409
File number: NSD 1183 of 2020
Judgment of: RARES, MURPHY AND ABRAHAM JJ
Date of judgment: 27 August 2021
Catchwords: CONSUMER LAW – misleading or deceptive conduct and making false or misleading representations – whether appellate court should make declarations of contravention and grant injunctive relief – issue of injunctive relief remitted to primary judge
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18(1), 29(1)(b), 29(1)(h), 232
Cases cited: Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd [2007] FCAFC 146; 161 FCR 513 Australian Competition and Consumer Commission v Employsure Pty Ltd [2021] FCAFC 142 Australian Competition and Consumer Commission v Valve Corporation (No 4) [2016] FCA 382 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate & Ors [2015] HCA 46; 258 CLR 482
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 14
Date of last submission/s: 20 August 2021
Date of hearing: Heard on the papers
Counsel for the Applicant: Mr N Owens SC and Ms D Forrester
Solicitor for the Applicant: Corrs Chambers Westgarth
Counsel for the Respondent: Mr P Brereton SC and Mr C Bannan
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