Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Virgin Mobile Australia
Pty Ltd (No 2) [2002] FCA 1548
TRADE PRACTICES – misleading or deceptive conduct – misrepresentations – failure to comply with requirement to state cash price or minimum price – mobile telephone and telephone services – advertising of package – consent order – function of Court – undesirability of overlapping relief in relation to s 52 and other provisions of Part V – declaratory relief – need to precisely specify contravening conduct – injunction – notice to consumers – corrective advertising – probation order – corporate compliance program – precision of order – community service order – educational website
Trade Practices Act 1976 (Cth) ss 52, 53, 86C Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 cited Australian Competition and Consumer Commission v Office Link (Aust) Pty Ltd (1997) 19 ATPR 41-598 cited Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 cited HCF Australia Ltd v Switzerland Australia Health Fund Pty Ltd (1988) ATPR 40-834 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v VIRGIN MOBILE AUSTRALIA PTY LTD (ACN 092 726 442) W134 OF 2002 FRENCH J 11 DECEMBER 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W134 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: VIRGIN MOBILE AUSTRALIA PTY LTD
(ACN 092 726 442)
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 11 DECEMBER 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
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