Australian Competition and Consumer Commission & Another v Commonwealth Bank of Australia [2003] FCA 1129

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission & Another v Commonwealth Bank of Australia [2003] FCA 1129

TRADE PRACTICES – consumer protection – misleading and deceptive conduct – television advertising stated 'no establishment fee' payable for grant of home loans – 'paying no establishment fees' stated on in-branch posters – less than usual establishment fee charged for most loans conditional upon borrowers' acquisition of certain bank products – whether misleading and deceptive conduct in relation to prospective home loan borrowers – implications of advertising to competitive marketplace irrespective of establishment fees charged occasioned to home loan borrowers – nature and extent of corrective advertising ordered.

Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12DB, 12GD Trade Practices Act 1974 (Cth), ss 51AF, 52, 53(c), (e) and (g), 80, 86C Federal Court of Australia Act 1976 (Cth), s 21

Thompson Australian Holdings Pty Limited v Trade Practices Commission and Others (1981) 148 CLR 150 Hornsby Information Centre Pty Ltd and Another v Sydney Building Centre Pty Ltd (1978) 140 CLR 216 Parkdale Custom Built Furniture Pty Limited v Puxu Pty Limited (1982) 149 CLR 191 Yorke and Another v Lucas (1985) 158 CLR 661 Taco Co of Australia Inc v Taco Bell Pty Limited (1982) 42 ALR 177 Siddons Pty Ltd v The Stanley Works Pty Ltd (1991) 29 FCR 14 Nationwide News Pty Limited v Australian Competition and Consumer Commission (1996) 142 ALR 212 CRW Pty Ltd v Sneddon (1972) AR 17 Tobacco Institute of Australia Ltd v Australian Federation of Consumer Organisations Inc (1992) 111 ALR 61 Campomar Sociedad, Limitada and Another v Nike International Limited and Another (2000) 202 CLR 45 Trade Practices Commission v Optus Communications Pty Ltdand Another (1996) 64 FCR 326 TEC & Thomas (Australia) Pty Ltd v Matsumiya Computer Co Pty Ltd (1984) 1 FCR 28 Australian Competition and Consumer Commission v Target Australia Pty Ltd [2001] FCA 1326 St Lukes Health Insurance v Medical Benefits Fund of Australia Ltd (1995) ATPR 41-428 Australian Competition and Consumer Commission v Wizard Mortgage Corporation Limited (2002) ATPR 41-903 Australian Competition and Consumer Commission v Dell Computer Pty Limited (2003) ATPR 41-910 SAP Australia Ltd v Sapient Australia Pty Ltd (1999) 48 IPR 593 Australian Competition and Consumer Commission v Maritime Union of Australia and Others (2001) 187 ALR 487