Australian Competition & Consumer Commission v Hughes [2004] FCA 519

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Hughes [2004] FCA 519 CONTEMPT – breaches of court orders prohibiting advertising on internet by Australian resident – advertising involved offers from Australia of sale of medical products illegally to persons resident in United States of America – advertising additionally involved offers of sale to persons resident in Australia – offers so made without disclosing illegality of supply of those products in Australia without doctors' prescriptions and without disclosing significant health risks in the absence of obtaining medical advice – also without disclosing availability to Australian citizens of free medical assistance – citizens less expense to obtain oral contraceptives upon prescription from a pharmacy than to buy from respondent – previously disobeyed restraint orders as to sales in Australia resulted in prior imprisonment for two weeks for contempt – contraventions subject of present proceedings ultimately conceded – hardship circumstances of applicant relevant to mitigation of penalty – respondent already remanded in custody for State offences – custodial sentence imposed to operate forthwith – partially suspended Federal Court Act 1976 (Cth) Judiciary Act 1903 (Cth) s 78B Trade Practices Act 1974 (Cth) ss 52, 86C Federal Court Rules Order 17 Rule 3 and Order 37 Rule 3 ACCC v Hughes (2002) ATPR 41-863 (Allsop J) Hughes v ACCC (2000) FCA 915 (Sackville J) ACCC v Hughes (2001) ATPR 41-807 (Tamberlin J) ACCC v Australian Taxation Information Services Pty Ltd and Ivanoff (BC 9907613) ACCC v Goldstar Corporation Pty Ltd and Hudson (BC 9902357) ACCC v White (BC 9803302) Deputy Commissioner of Taxation v Zhu (BC 9604214) ACCC v Info4pc.Com Pty Ltd & Anor (2002) 121 FCR 24 Yang (2002) 132 A Crim R 438 Australian Securities and Investments Commission v Matthews (1999) 32 ACSR 404 Deputy Commissioner of Taxation v Hickey (1999) FCA 529