Australian Consumer & Competition Commission v Z-tek Computer Pty Ltd [1997] FCA 871

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - injunctions and orders - application for final orders by consent, including order for the implementation by respondent of a trade practices compliance program - Court's power under s 80 of the Trade Practices Act to grant injunction "in such terms as the Court determines to be appropriate" - whether Court may order compliance program in relation to Trade Practices Act generally or whether limited in scope to provisions in respect of which contravention is alleged or established - limits on Court's power under s 80 - significance of parties' consent to the orders - scope of appropriate compliance order. Trade Practices Act 1974 (Cth) s80 Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 considered ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 38 FCR 248 applied Re Judiciary Act 1903-1920 and Navigation Act 1912-1920 (1921) 29 CLR 257 considered Fencott v Muller (1983) 152 CLR 570 considered OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500 considered Australian Competition and Consumer Commission v N W Frozen Foods Pty Ltd (1996) ATPR 41-515 distinguished Australian Competition and Consumer Commission v Woolworths (Federal Court of Australia, Hill J, 3 July 1996, unreported) distinguished Trade Practices Commission v Amatek (Federal Court of Australia, Lockhart J, 24 November 1994, unreported) distinguished Australian Competition and Consumer Commission v Pioneer Concrete Qld Ltd (1996) ATPR 41-457 distinguished Trade Practices Commission v Monier Roofing Limited (1996) ATPR 41-464 distinguished Australian Competition and Consumer Commission v Hymix Industries Pty Ltd (1996) ATPR 41-465 distinguished Trade Practices Commission v Milreis Pty Ltd (No 2) (1978) 32 FLR 234 applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v Z-TEK COMPUTER PTY LTD VG 276 of 1997 MERKEL J MELBOURNE 3 SEPTEMBER 1997