ACCC v Telstra Corporation Ltd [2001] FCA 896

FEDERAL COURT OF AUSTRALIA

ACCC v Telstra Corporation Ltd [2001] FCA 896

TRADE PRACTICES – misleading and deceptive conduct – interlocutory injunction – representation to former customers of One.Tel that early termination fees may be payable if they do not transfer to respondent

Trade Practices Act 1974 (Cth) s 52, 53(f) and (g), 80 (4) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TELSTRA CORPORATION LTD V 711 OF 2001 HEEREY J 6 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 711 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: TELSTRA CORPORATION LTD

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 6 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Pending the hearing and determination of this application, or further order, the respondent whether by itself, its servants or agents, or otherwise howsoever be restrained from making representations to the effect that; (a) One.Tel customers who transferred to a mobile telephone service provider other than the respondent would be, or would be like to be, may be, or could be, liable to One.Tel customers for an early termination or disconnection charge; (b) One.Tel customers who did not transfer to the respondent as their mobile telephone service provider would be, or would likely to be, may be or could be, liable to One.Tel for an early termination or disconnection charge; or (c) One.Tel customers who did not transfer to the respondent as their mobile telephone service provider prior to a certain date would be, would be likely to be, may be or could be, liable to One.Tel for an early termination disconnection charge. THE COURT DIRECTS THAT: 2. The respondent file and serve its defence on or before 20 July 2001. 3. The applicant file and serve any reply on or before 27 July 2001. 4. The applicant file and serve any further affidavits upon which it relies on or before 3 August 2001. 5. The respondent file and serve any affidavit upon which it relies on or before 24 August 2001. 6. The applicant file and serve any affidavit upon which it relies by way of reply on or before 3 September 2001. 7. The application be adjourned to a directions hearing on 20 August 2001. 8. Costs are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.