Australian Competition & Consumer Commission v Optell Pty Ltd & Ors [1998] FCA 602

FEDERAL COURT OF AUSTRALIA TRADE PRACTICES - use of postal services inviting members of the public to pay "registration fees" - nature of documents that were distributed - capable of inferring a Government affiliation when none existed - capable of inferring a requirement that the recipient pay a registration fee and register its business - falsely asserting the existence and distribution of a Register. Trade Practices Act 1974 (Cth) ss 6, 53, 58, 64, 80, 80A Federal Court of Australia Act 1976 (Cth) s 21 Australian Competition and Consumer Commission v On Clinic Australia Pty Ltd (1996) 18 ATPR ¶41-517 cited Keeton v Medical Benefits Fund of Australia Ltd (1977) 14 ALR 77 cited Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organizations (1992) 38 FCR 1 cited Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 followed Brown v Jam Factory Pty Ltd (1981) 53 FLR 340 followed Makita (Australia) Pty Ltd v Black & Decker (Australia) Pty Ltd (1990) 12 ATPR ¶41.030 cited Hospitals Contribution Fund of Australia Ltd v Switzerland Australia Health Fund Pty Ltd (1988) 78 ALR 483 cited, distinguished AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v OPTELL PTY LTD (ACN 071 193 872) AND GEOFFREY ALLAN BECKETT AND CLINTON WADE ANDELA NO ACT 53 OF 1996 O'LOUGHLIN J ADELAIDE (HEARD IN BRISBANE) 3 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY ACT 53 of 1996

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: OPTELL PTY LTD (ACN 071 193 872)

First Respondent

GEOFFREY ALLAN BECKETT

Second Respondent

CLINTON WADE ANDELA

Third Respondent

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 3 JUNE 1998

WHERE MADE: ADELAIDE (HEARD IN BRISBANE)