Australian Communications and Media Authority v Atkinson [2009] FCA 1565

FEDERAL COURT OF AUSTRALIA

Australian Communications and Media Authority v Atkinson [2009] FCA 1565 COMMUNICATIONS LAW – consideration of a joint submission by the parties in relation to a contravention by the respondent of s 16 of the Spam Act 2003 (Cth) – consideration of the principles to be applied in assessing a pecuniary penalty in the context of joint submissions as to the proposed penalty – consideration of the extent to which the principles governing assessment of a pecuniary penalty in the context of a joint submission derived from proceedings under the Trade Practices Act 1974 (Cth) might usefully apply in the assessment of a penalty under the Spam Act – consideration of the formulation of a declaration as to contravention and the framing of an injunction restraining threatened future contraventions – consideration of the particular vice the Parliament of the Commonwealth sought to address in enacting the Spam Act Spam Act 2003 (Cth), ss 4, 6, 7, 16, 24, 25 Crimes Act 1914 (Cth), s 4AA Chief Executive, Department of Internal Affairs v Atkinson & Ors CIV‑2008‑409‑002391 - cited Federal Trade Commission v Atkinson & Ors, United States District Court for the Northern District of Illinois, Eastern Division, Case No. 08CV5666 - cited Australian Communications and Media Authority v Clarity1 Pty Ltd [2006] FCA 1399; (2006) 155 FCR 377 - cited Australian Communications and Media Authority v Mobilegate Limited A Company Incorporated in Hong Kong (No 4) [2009] FCA 1225; (2009) 261 ALR 326 – cited Australian Communications and Media Authority v Mobilegate Limited A Company Incorporated in Hong Kong (No 6) [2009] FCA 1533 – cited Trade Practices Commission v Stihl ChainSaws (Aust) Pty Ltd (1978) ATPR 40‑091 - cited Markarian v The Queen (2005) 228 CLR 357 - cited Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 - cited Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41‑375 - cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 - cited Australian Communications and Media Authority v Radio 2UE Sydney Pty Ltd (No 2) [2009] FCA 754 - cited Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 3) (2005) 215 ALR 301 - cited