Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bauer v Power Pacific International Media Pty Ltd [2007] FCA 349
TRADE PRACTICES - alleged breaches of Trade Practices Act 1974 (Cth) and Fair Trading Act 1989 (Qld) in "cold calling" various businesses and making certain representations seeking to secure advertising in publications - whether appropriate nexus between contravening conduct as alleged and the consent orders proposed CONTEMPT - guilty plea by second, third and fourth respondents to contempt of orders of the Federal Court - deliberate and repeated instances of contempt - where parties jointly propose penalty - responsibility of Court to determine penalty - whether Court should grant leave for the withdrawal of charges as against first and fifth respondents - whether penalty of 6 months imprisonment, suspended for 24 months and costs order against third and fourth respondents was appropriate - penalty at high end of range of penalties for contempt - need for 2 trials of 4-5 weeks each averted COSTS - whether liquidator for the first respondent entitled to costs Held: The Court is prepared to make the orders proposed by the parties. The injunctions are appropriate. A penalty of 6 months imprisonment, suspended for 24 months is at the high end of the range of penalties for contempt and is appropriate given the serious nature of the contempt charges and the deliberate and repeated instances of contempt.
Federal Court of Australia Act 1976 (Cth) ss 31, 43 Trade Practices Act 1974 (Cth) ss 52, 64(2A), 64(3) Fair Trading Act 1989 (Qld) ss 38, 52(2), 52(3) Australian Securities and Investments Commission v Matthews (2001) 39 ACSR 110 cited Construction, Forestry, Mining & Energy Union v BHP Steel (AIS) Pty Ltd [2003] FCAFC 13 cited Foster v Australian Competition and Consumer Commission [2006] 149 FCR 135 considered Gallagher v Durack (1983) 152 CLR 238 cited Hughes (trading as Crowded Planet) v Australian Competition & Consumer Commission [2004] FCAFC 319 cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 applied NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 applied R v Fletcher; Ex parte Kisch (1935) 52 CLR 248 cited
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