Australian Society of Accountants v Federation of Australia Accountants [1987] FCA 298

CATCHWORDS

TRADE PRACTICES —- misleading conduct - advertisement seeking applicants for a professional qualification - that qualification previously granted only by a leading body in the profession - whether sufficient reputation in name and initials of qualification - whether contravention by newspaper publisher - whether association placing advertisement knowingly involved in

contravention.

PASSING OFF - whether one professional body offering to grant a

qualification previously identified with another constitutes

passing off.

Trade Practices Act 1974 ss.52,53,75B,80 and 85

AUSTRALIAN SOCIETY OF ACCOUNTANTS v

FEDERATION OF AUSTRALIAN ACCOUNTANTS INC. KEITH LAURENCE DRAPER

JOHN FAIRFAX & SONS LIMITED

No. VG 71 of 1987

Woodward J.

12 June 1987 Melbourne

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 71 of 1987

weer ww

GENERAL DIVISION

BETWEEN:

AUSTRALIAN SOCIETY OF ACCOUNTANTS Applicant

and

FEDERATION OF AUSTRALIAN ACCOUNTANTS INC. KEITH LAURENCE DRAPER JOHN FAIRFAX & SONS LIMITED Respondents

MINUTES OF ORDER

COURT : Woodward J. DATE : 12 June 1987 PLACE : Melbourne THE COURT ORDERS THAT: 1. The respondents and each of them, whether by themselves

their servants or agents or howsoever otherwise be restrained - (a) from publishing the advertisement annexed to the

application herein or causing the advertisement to

be published;

(b) from representing by any other means that the

firstnamed respondent is entitled to confer CPA

(c)

(d)

(e)

(f£)

(Certified Practising Accountant) status on members

of the firstnamed respondent;

from representing by any other means that the firstnamed respondent is affiliated with, connected

with, approved by or sponsored by the applicant;

from representing by any other means that the firstnamed respondent offers services which are those of or have the sponsorship or approval of the