Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 8) [2010] FCA 1197
Citation: Australian Communications and Media Authority v Mobilegate Ltd A Company Incorporated in Hong Kong (No 8) [2010] FCA 1197
Parties: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY v MOBILEGATE LTD A COMPANY INCORPORATED IN HONG KONG, WINNING BID PTY LTD ACN 121 026 793, JOBSPY PTY LTD ACN 112 801 073, SIMON ANTHONY OWEN, TAREK ANDREAS SALCEDO, SCOTT MARK MOLES, GLENN CHRISTOPHER MAUGHAN and SCOTT GREGORY PHILLIPS
File number: QUD 426 of 2008
Judge: LOGAN J
Date of judgment: 5 November 2010
Catchwords: COMMUNICATIONS LAW – Unsolicited electronic messages sent – Use of premium short-code service to send unsolicited messages – Whether natural person was a person who aided, abetted, counselled or procured the contraventions by corporate entities – Where respondent had knowledge of material facts of the contravention – Spam Act 2003 (Cth), s 16 – Consideration of principles relevant to accessorial liability.
Held: Respondent was knowingly involved in the contraventions of the Spam Act 2003 (Cth).
TRADE PRACTICES – Misleading or deceptive conduct – Use of premium short-code service to send unsolicited electronic messages – Use of fabricated dating profiles to mislead customers into communicating through electronic messages via the premium short code – Whether respondent had aided, abetted, counselled or procured the contraventions of the Trade Practices Act 1974 (Cth), s 52 in accordance with s 75B.
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