Australian Competition and Consumer Commission v Startel Communication Co Pty Ltd [2014] FCA 352

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Startel Communication Co Pty Ltd [2014] FCA 352 Citation: Australian Competition and Consumer Commission v Startel Communication Co Pty Ltd [2014] FCA 352

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v STARTEL COMMUNICATION CO PTY LTD (ACN 123 941 337)

File number: QUD 458 of 2013

Judge: COLLIER J

Date of judgment: 8 April 2014

Catchwords: CONSUMER LAW – contraventions of Part 3-1 and Part 3-2 of the Australian Consumer Law – Joint Submissions and Statement of Agreed Facts and Admissions provided – respondent telecommunications company entered unsolicited consumer agreements to supply mobile services and bundled mobile services – customers mislead as to cooling off period – statutory termination rights ostensibly modified – agreement documents deficient – agreement documents not provided in time required – goods and services supplied and payment accepted in cooling off period – agreed remedies and punitive penalties proposed – terms of orders made within discretion of Court – agreed position of parties relevant – whether orders sought appropriate in circumstances

Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)) ss 29, 29(1)(m), 43, 76(c), 78(2), 79(b)(i), 79(b)(ii), 79(c), 79(c)(i), 79(d)(iv), 82, 82(1), 82(3), 85(1) to (5), 86(1), 86(1)(a), 86(1)(b), 89(2), 224, 224(2), 224(4)(b), 232, 246, 246(1)(b)(ii), 246(2)(a), Div 2 of Pt 3-2, Chs 2, 3, 4 Evidence Act 1995 (Cth) s 191(3)(a) Federal Court of Australia Act 1976 (Cth) s 21 Competition and Consumer Regulations 2010 (Cth) regs 83, 85, 87