Australian Competition and Consumer Commission v Jewellery Group Pty Limited (No 2) [2013] FCA 14

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Jewellery Group Pty Limited (No 2) [2013] FCA 14 Citation: Australian Competition and Consumer Commission v Jewellery Group Pty Limited (No 2) [2013] FCA 14

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE JEWELLERY GROUP PTY LIMITED

File number: SAD 57 of 2011

Judge: LANDER J

Date of judgment: 18 January 2013

Catchwords: TRADE PRACTICES – conduct of respondent in advertising jewellery using "dual pricing" held to be misleading conduct in contravention of ss 52 and 53(e) of Trade Practices Act 1974 (Cth) – hearing on relief – declaration, pecuniary penalty, publication order, and order as to compliance program, sought – discussion of power to make, and principles behind making of, declaration, publication order, and compliance order – discussion of power to make pecuniary penalty and relevant considerations in determining appropriate penalty

Legislation: Crimes Act 1914 (Cth), s 4AA Federal Court Act 1976 (Cth), s 21 Judiciary Act 1903 (Cth), s 39B(1A)(c) Trade Practices Act 1974 (Cth), ss 52, 53(e), 75AZC(1)(g), 76, 76E, 86C, 86D, 155 Trade Practices Amendment (Australian Consumer Law) Act (No 1) 2010 (Cth)

Cases cited: ACCC v Liquorland (Australia) Pty Ltd (ACN 007 512 419) [2005] ATPR 42-070 Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [2011] FCA 372 Australian Competition and Consumer Commission v Jewellery Group Pty Limited [2012] FCA 848 Australian Competition and Consumer Commission v NW Frozen Foods Pty Ltd [1996] ATPR 41-515 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 452 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Markarian v The Queen (2005) 228 CLR 357 Medical Benefits Fund of Australia Ltd and Another v Cassidy and Another (2003) 135 FCR 1 RAIA Insurance Brokers Ltd v FAI General Insurance Co Limited (1993) 41 FCR 164 Tobacco Institute of Australia Limited v Australian Federation of Consumer Organisations Inc (No 2) (1993) 41 FCR 89 Trade Practices Commission v CSR Limited [1991] ATPR 41-076 Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd [1978] ATPR 40-091