Australian Competition and Consumer Commission v Adepto Publications Pty Ltd [2013] FCA 247

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Adepto Publications Pty Ltd [2013] FCA 247 Citation: Australian Competition and Consumer Commission v Adepto Publications Pty Ltd [2013] FCA 247

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ADEPTO PUBLICATIONS PTY LTD, CRAIG MITCHELL AND DANIELLE MCKAY

File number: NSD 1294 of 2010

Judge: COWDROY J

Date of judgment: 25 March 2013

Catchwords: CONSUMER LAW – Respondents engaged in conduct involving demands for payment for unsolicited advertisements on the false pretext that the consumer had previously made a commitment to pay for such advertisement – false representations that the advertisement would be published in magazines having affiliations with charities and that such magazines would have substantial circulation – false representations that the consumer had previously agreed to make payment for the advertisements – call centre created by first and second respondents engaging persons to perpetrate and conduct the conduct – applicant and respondents agree on declarations, injunctions and penalties to be imposed by consent – discussion of Court's power to make such orders by consent.

Legislation: Australian Consumer Law ss 224, 232, 233 Crimes Act 1914 (Cth) s 4AA(1) Federal Court of Australia Act 1976 (Cth) ss 21, 37M Federal Court Rules 2011 (Cth) rr 5.23, 39.11 Trade Practices Act 1974 (Cth) ss 52, 53, 64, 76, 80 Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) sch 7, item 7

Cases cited: Australian Competition and Consumer Commission v Australian Medical Association Western Australia Branch Inc (2001) 114 FCR 91 Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2006) 236 ALR 665 Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [2011] FCA 372 Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) [2012] FCA 976 Australian Competition and Consumer Commission v FChem (Aust) Limited [2008] FCA 344 Australian Competition and Consumer Commission v Harvey Norman Holdings Limited [2011] FCA 1407 Australian Competition and Consumer Commission v Leahy Petroleum (No 3) (2005) ATPR 42-052 Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd (2005) ATPR 42-070 Australian Competition and Consumer Commission v McMahon Service Pty Ltd (2004) ATPR 42-022 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia (1999) 161 ALR 79 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Australian Competition and Consumer Commission v Z-Tek Computer Pty Ltd (1997) 78 FCR 197 Comcare v Post Logistics Australasia Pty Limited [2012] FCAFC 168 CPSU, The Community and Public Sector Union v Telstra Corporation Limited (2001) 108 IR 228 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 J McPhee & Son (Aust) Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 Markarian v The Queen (2005) 228 CLR 357 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Pye Industries Sales Pty Ltd v Trade Practices Commission [1979] ATPR 40-124 OD Transport Pty Ltd v WA Government Railways Commission (1987) 13 FCR 500 Trade Practices Commission v Carlton United Breweries Ltd (1990) 24 FCR 532 Trade Practices Commission v CSR Limited (1991) ATPR 41-076 Trade Practices Commission v Mobil Oil Australia Ltd (1985) 4 FCR 296 Trade Practices Commission v Prestige Motors Pty Ltd & Ors [1994] ATPR 41-359 Trade Practices Commission v Stihl Chain Saws (Aust.) Pty Ltd (1978) ATPR 40-091