Australian Competition & Consumer Commission v Murray (No. 2) [2003] FCA 47

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Murray (No. 2) [2003] FCA 47 TRADE PRACTICES – penalty – sale of licences or franchises to conduct will writing business – express or implied representations that business could be carried on lawfully – business contravened State legislation prohibiting legal practice by persons other than legal practitioners – impact on complainants substantial and lasting – lack of contrition and of full and frank disclosure as to financial situation on part of defendants – compensation to persons affected – whether order should be made where disputed issues Trade Practices Act 1974 (Cth) s 87(1) Crimes Act 1914 (Cth) s 16 A Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [1999] FCA 1175 at [8] to [11] followed Trade Practices Commission v J & R Enterprises Pty Ltd (1991) ATPR 41-133 at 52,951 followed Australian Prudential Regulation Authority v Holloway [2000] FCA 1245 at [28]-[30] followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SIDNEY JAMES MURRAY NO T29 OF 2001 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v WILL WRITERS GUILD PTY LTD NO T30 OF 2001 HEEREY J 7 FEBRUARY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T29 and T30 of 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

PROSECUTOR

AND: SIDNEY JAMES MURRAY

AND

WILL WRITERS GUILD PTY LTD

DEFENDANTS

JUDGE: HEEREY J

DATE OF ORDER: 7 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. In proceeding T29 of 2001 the defendant Sidney James Murray is convicted on all counts and fined $15,000 on each of counts 1 and 2 and $10,000 on each of counts 3,4,5 and 6.

2. In proceeding T30 of 2001 the defendant Will Writers Guild Pty Ltd is convicted on all counts and fined $7,500 on each of counts 1 and 2 and $5,000 on each of counts 3,4,5 and 6.