Australian Competition and Consumer Commission v EDirect Pty Ltd [2012] FCA 1045

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v EDirect Pty Ltd [2012] FCA 1045 Citation: Australian Competition and Consumer Commission v EDirect Pty Ltd [2012] FCA 1045

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v EDIRECT PTY LTD ACN 108 532 083

File number: NTD 28 of 2010

Judge: REEVES J

Date of judgment: 21 September 2012

Catchwords: PRACTICE AND PROCEDURE – trial in accordance with O 32 r 2(1)(d) Federal Court Rules (now Rule 1.04 Federal Court Rules 2011) PRACTICE AND PROCEDURE – considerations in exercising discretion to make declaratory orders under s 21 Federal Court of Australia Act 1976 (Cth) – public interest in declarations in consumer protection litigation TRADE PRACTICES – s 52 Trade Practices Act 1974 (Cth) – misleading and deceptive conduct in connection with and supply of mobile telecommunication services – representations as to pre-approved credit of potential customers – representations as to referrals made by individuals known to potential customers TRADE PRACTICES – s 51AB Trade Practices Act 1974 (Cth) – unconscionable conduct proscribed by s 51AB not limited to specific equitable doctrines – consideration of Parliamentary intention behind s 51AB as expressed in Sch 2, s 21(4)(b) Competition and Consumer Act 2010 (Cth)

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth) Federal Court Rules Federal Court Rules 2011