Australian Competition & Consumer Commission v Commercial and General Publications Pty Ltd (No 2) [2002] FCA 1349

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Commercial and General Publications Pty Ltd (No 2) [2002] FCA 1349 TRADE PRACTICES – consumer protection – penalty – accepting payment where reasonable grounds for believing services will not be provided – payments for advertisements in magazine – magazine not published – lack of contrition – whether understandable – appropriateness of criminal proceedings – one man company – company with no assets – whether separate penalty for company appropriate COSTS – prosecutions under Trade Practices Act 1974 (Cth) – bulk of informations dismissed – appropriate order – pro bono representation – whether set off for penalty – quantum of fees recoverable

Trade Practices Act 1974 (Cth) s 58(b) Crimes Act 1914 (Cth) s 16A Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules O 80 r 9 Australian Competition and Consumer Commission v The Vales Wine Company Pty Ltd (1996) ATPR 41-528 at 42,776 mentioned Australian Competition and Consumer Commission v GIA Pty Ltd [2002] FCA 1298 mentioned Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175 followed Cretazzo v Lombardi (1975) 13 SASR 4 at 11 applied Holder v Searle (1998) 44 IPR 1 at 23 cited Brimaud v Boston Securities Entertainment Investments Pty Ltd [1998] FCA 1392 cited Collector of Customs v Reg Russell and Sons Pty Ltd [1995] FCA 562 cited Beagle Management Ltd v Targridge Ltd [1997] FCA 31 cited Schokker v Commissioner of Taxation (No 2) (2000) 106 FCR 134 at [11] cited Chancliff Holdings Pty Ltd v Bell [1999] FCA 1783 cited Baig v Minister for Immigration & Multicultural Affairs [2002] FCA 380 cited Tennakoon v Minister for Immigration & Multicultural Affairs [2001] FCA 615 cited Da Sousa v Minister for Immigration, Local Government and Ethnic Affairs (1993) 114 ALR 708 at 711-713 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v COMMERCIAL AND GENERAL PUBLICATIONS PTY LTD (NO 2) (T32 OF 2001) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ANTHONY ROBERT HASSETT (NO 2) (T33 OF 2001) HEEREY J 1 NOVEMBER 2002 MELBOURNE (HEARD IN HOBART)