Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18

TRADE AND COMMERCE – trade practices – injunctions and orders – undertakings and final orders by consent – power of court in respect of injunctive orders – conduct covered by injunctive orders – nexus to contravention – trade practices compliance programmes – limitations on scope of appropriate order. Real Estate and Business Agents' Act 1978 (WA) Trade Practices Act 1974 (Cth) Thomson Australia Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 cited OD Transport Pty Ltd v WA Railways Commission (1987) 13 FCR 500 referred to United States v Gillett Co 406 F. Supp 713 (D. Mass 1975) discussed Trade Practices Commission v Milreis Pty Ltd (No 2) (1978) 32 FLR 234 cited Trade Practices Commission v Hymix Industries Pty Ltd (1995) ATPR 41-369 cited Australian Competition and Consumer Commission v Pioneer Concrete (Qld) Pty Ltd (1996) ATPR 41-457 cited Trade Practices Commission v Monier Roofing Ltd (1996) ATPR 41-464 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 141 ALR 640 cited Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 148 ALR 339 discussed

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED, MICHAEL GRIFFITH, SOUTH WEST REGIONAL COLLEGE OF TAFE, WEST COAST COLLEGE OF TAFE and CONAL PATRICK O'TOOLE WAG 71 OF 1998 FRENCH J 18 JANUARY 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WG71 OF 1998

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: REAL ESTATE INSTITUTE OF WESTERN AUSTRALIA INCORPORATED

First Respondent