Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Original Mama's Pizza & Ribs Pty Ltd [2008] FCA 370
TRADE AND COMMERCE – Trade Practices Act 1974 (Cth) and related legislation – consumer protection – misleading or deceptive conduct or false representations – operation of s 51AF(2) and parallel provisions in the Australian Securities and Investment Commission Act 2001 (Cth)
TRADE AND COMMERCE – Trade Practices Act 1974 (Cth) – enforcement and remedies – s 83 – an evidentiary provision, not a positive remedy for instant applicants
TRADE AND COMMERCE – Australian Securities and Investment Act 2001 (Cth) – consumer protection
WORDS AND PHRASES – "in relation to financial services"
Australian Securities and Investment Act 2001 (Cth) ss 12BAA, 12BAB Trade Practices Act 1974 (Cth)s 51AF, 83 Financial Services Reform Act 2001 (Cth) Financial Sector Reform (Consequential Amendments) Act 1998 (Cth) Australian Securities & Investment Commission Regulations 2001 (Cth) Mahoney v AGD Mining Ltd (2003) 23 ATPR 46-523; [2002] FMCA 237 Cleary v Australian Co-operative Foods (No.2) (1999) 32 ACSR 701 discussed Workers' Compensation Board of Queensland vTechnical Products Proprietary Limited (1988)165 CLR 642 applied Technical Products Pty Limited v State Government Insurance Office (Queensland) (1989) 167 CLR 45 applied Australian Securities & Investment Commission v Citrofresh [2007] FCA 1873 approved Parkdale Custom Furniture Pty Ltd v Puxn Pty Ltd (1981-2) 149 CLR 191 Yorke v Lucas (1985) 158 CLR 661 Medical Benefits Fund of Australia Limited v Cassidy (2003) 135 FCR 1 Ting v Blanche (1993) 118 ALR 543 FuturetronicsInternational Pty Ltd v Gadzhis [1992] 2 VR 217 Australian Competition & Consumer Commission v Michigan Group Pty Ltd (ACN 065 378 029) [2002] FCA 1439 applied Australian Competition and Consumer Commission v Chen (2003) 132 FCR 309 Australian Competition and Consumer Commission v Albert [2005] FCA 1311 Australian Competition & Consumer Commission v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2004] FCA 517 Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53
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