Swisse Vitamins Pty Ltd v The Complaints Resolution Panel [2012] FCA 536

FEDERAL COURT OF AUSTRALIA

Swisse Vitamins Pty Ltd v The Complaints Resolution Panel [2012] FCA 536 Citation: Swisse Vitamins Pty Ltd v The Complaints Resolution Panel [2012] FCA 536

Parties: SWISSE VITAMINS PTY LTD (ACN 004 926 005) v THE COMPLAINTS RESOLUTION PANEL

File number: VID 225 of 2012

Judge: TRACEY J

Date of judgment: 25 May 2012

Catchwords: ADMINISTRATIVE LAW – decision by Panel – advertising – request to withdraw advertisements and not repeat certain representations – denial of procedural fairness claimed – procedural required to be accorded in common law and under relevant legislative scheme – requisite measures to accord procedural fairness not taken – found - procedural fairness denied – Panel's decision set aside – matter remitted to Panel for further consideration according to law

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Migration Act 1958 (Cth) s 481 Therapeutic Goods Act 1989 (Cth) s 42BAA Therapeutic Goods Advertising Code 2007 ss 1, 3, 4 Therapeutic Goods Regulations 1990 (Cth) regs 5F, 5G, 5L, 42ZCAB, 42ZCAC, 42ZCAD, 42ZCAH, 42ZCAI, 42ZCAK Pt 2

Cases cited: Annetts v McCann (1990) 170 CLR 596 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Comcare v Broadhurst [2011] FCAFC 39 cited Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 compared Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 cited Re Toohey and Tax Agents' Board (2009) 49 AAR 427 compared Somaghi v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 100 cited