Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 987

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Telstra Corporation Limited [2004] FCA 987 TRADE PRACTICES – consumer protection – telephone handsets promoted at advertised prices of '$0' and '$0 upfront' – handsets available at advertised prices only on conditions – whether promotions misleading or deceptive – whether promotions made false or misleading representations with respect to price of handsets – effect of bundling of goods and services

Trade Practices Act 1974, ss 52, 53(e), 53(g)

Australian Competition and Consumer Commission v Commonwealth Bank of Australia [2003] FCA 1129 cited Australian Competition and Consumer Commission v Target Australia Pty Limited (2001) ATPR 41-840, [2001] FCA 1326 cited Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 applied Medical Benefits Fund of Australia Ltd v Cassidy (2003) 205 ALR 402, [2003] FCAFC 289 followed Nationwide News Pty Limited v Australian Competition and Consumer Commission (1996) 71 FCR 215 considered Singtel Optus Pty Limited v Telstra Corporation Limited [2004] FCA 859 cited Trade Practices Commission v Optus Communications Pty Ltd (1996) 64 FCR 326 followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TELSTRA CORPORATION LIMITED (ACN 051 775 556) N 1039 OF 2003 GYLES J 30 JULY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1039 OF 2003

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556)

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 30 JULY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The matter stand over to a date to be fixed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.