Federal Court of Australia
f
few end
c- > or
7 eS
CATCHWORDS
Trade Practices Act —- Advertisement of tax deductibility and other benefits flowing from contributions to the Hospitals Contribution Fund "Budget Cover" - Whether misleading within s.52 of the Trade Practices Act - Whether contributions
rebatable under s.159XA of the Income Tax (Assessment) Act.
Trade Practices Act (Cth) 1974, ss.52 and 53(c)
Income Tax (Assessment) Act 1936, s.159XA
HEALTH INSURANCE COMMISSION v. THE HOSPITALS CONTRIBUTION FUND
OF AUSTRALIA
N.S.W. No. G93 of 1981
Bowen C.J.
12 August 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G93 of 1981 ) GENERAL DIVISION ) BETWEEN:
HEALTH INSURANCE COMMISSION
Applicant
AND:
THE HOSPITALS CONTRIBUTION FUND OF AUSTRALIA
Respondent
ORDER JUDGE MAKING ORDER: Bowen C.J. DATE OF ORDER: 12 August 1981. WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1.
The Hospitals Contribution Fund refrain from displaying any poster referring to contributions to its Budget Cover
as entitling a contributor to an income tax deduction or
referring to deductibility.
It will be a sufficient compliance with the injunction in para. 1 if the Hospitals Contribution Fund despatches to each of its branch offices, its agents and employers concerned, no later than 4.00 p.m. on 18 August 1981
telegrams requiring them to discontinue any display of
Hospitals Contribution Fund posters containing such references.
Health Insurance Commission to pay to The Hospitals Contribution Fund four-fifths of its costs including
reserved costs.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G93 of 1981 ) GENERAL DIVISION ) BETWEEN:
HEALTH INSURANCE COMMISSION
Applicant
AND:
THE HOSPITALS CONTRIBUTION FUND OF AUSTRALIA
Respondent
CORAM: Bowen C.J.
12 August 1981.
REASONS FOR JUDGMENT
This is an application by the Health Insurance Commission ("the Commission") for certain orders against the Hospitals Contribution Fund of Australia ("H.C.F.") restraining it from advertising its health insurance plan known as Budget Cover in various ways which are claimed by the Commission to be contrary to ss.52 and 53(c) of the Trade Practices Act 1974.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate