Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292 Citation: Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v FLIGHT CENTRE LIMITED ACN 003 377 188

File number: QUD 177 of 2012

Judge: LOGAN J

Date of judgment: 28 March 2014

Corrigendum: 16 April 2014

Catchwords: TRADE PRACTICES – penalty – pleading a circumstance of aggravation – application of s 76(1A) Trade Practices Act 1974 (Cth) (since amended and renamed the Competition and Consumer Act 2010 (Cth) – whether aggravation must be pleaded in civil penalty provisions – recovery of a pecuniary penalty – application of r 16.03, r 1.32, r 1.34 and r 1.35 of the Federal Court Rules 2011 (Cth) in light of established pleadings and procedural fairness Held: in the absence of the pleading of a circumstance of aggravation, penalty fell for determination by reference to the lower maximum not the higher maximum penalty applicable if the circumstance of aggravation had been alleged and proved

Legislation: Constitution s 75 Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) Acts Interpretation Act 1901 (Cth) s 15A Federal Court of Australia Act 1976 (Cth) s 37M Judiciary Act 1903 (Cth) ss 79, 80 Trade Practices Act 1974 (Cth) ss 45, 45A, 45D, 45DB, 45E, 45EA, 76, 77 Trade Practices Legislation Amendment Act (No 1) 2006 (Cth) Federal Court Rules 2011 (Cth) r 1.32, r 1.34, r 1.35, r 16.02, r 16.03, r 16.04 Air Navigation Regulations 1947 (Cth)