Australian Competition & Consumer Commission v Econovite Pty Ltd [2003] FCA 964

FEDERAL COURT OF AUSTRALIA Australian Competition & Consumer Commission v Econovite Pty Ltd [2003] FCA 964 TRADE PRACTICES – misleading or deceptive conduct – consent orders – declarations – injunctions – community service orders – probation orders – disclosure orders – permitted width of community service orders – proposed orders mandating provision of advice to livestock producers based on availability and willingness of third parties to provide such advice – no attribution of advice to respondent – community service order in such terms inappropriate – compliance program – incorporation by reference of Australian Standard AS-3806 – reasonable endeavours qualification inserted - orders otherwise made Trade Practices Act 1974 (Cth) s 52, s 53, s 80, s 86C Federal Court of Australia Act 1976 (Cth)

Trade Practices Commission v Milreis Pty Ltd (No 2) (1978) 32 FLR 234 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1995) 95 FCR 114 cited Australian Competition and Consumer Commission v Z-Tek Computer Pty ltd (1997) 78 FCR 197 cited Australian Competition and Consumer Commission v Office Link (Aust) Pty Ltd (1997) 19 ATPR 41-598 cited Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 cited AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ECONOVITE PTY LTD W144 OF 2003 FRENCH J 11 SEPTEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W144 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: ECONOVITE PTY LTD

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 SEPTEMBER 2003