Australian Competition & Consumer Commission & Anor v Commonwealth Bank of Australia [2003] FCA 1397

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission & Anor v Commonwealth Bank of Australia [2003] FCA 1397

TRADE PRACTICES – breaches established – content of declaratory relief and orders for corrective advertising mutually agreed in light of reasons for findings of breaches – whether injunctive relief should additionally be ordered in context of legislative changes – whether injunctive relief should be granted in exercise of Court's discretion – interpretation of two sets of identical legislation operating in temporal succession.

Trade Practices Act 1974 (Cth) ss 4 (1), 51AF, 52, 53(c), (e) and (g) Australian Securities and Investments Commission Act 2001 (Cth) ss 12DA, 12DB and 12GD Acts Interpretation Act 1901 (Cth) ss 8(c) and (d) Australian Competition and Consumer Commission v Wizard Mortgage Corporation Limited (2002) ATPR 41-903 Thomson Australian Holdings Pty Ltd v Trade Practices Commission & Ors (1981) 148 CLR 150 Cassidy & Anor v Medical Benefits Fund of Australia (No 2) [2002] FCA 1097 OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Australian Competition and Consumer Commission v Z-Teck Computer Pty Ltd (1997) 78 FCR 197 Australian Competition and Consumer Commission v Health Partners Inc (1997) 151 ALR 662 Australian Competition and Consumer Commission v Woolworths Limited (No 2) [2002] FCA 1046 Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296 AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v COMMONWEALTH BANK OF AUSTRALIA N 1002 OF 2002 CONTI J 5 DECEMBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1002 OF 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION