Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998 Citation: Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v SAFE BREAST IMAGING PTY LTD (ACN 120 489 410) and JOANNE FIRTH
File number: WAD 514 of 2011
Judge: BARKER J
Date of judgment: 16 September 2014
Catchwords: CONSUMER LAW – contraventions of Australian Consumer Law (Cth) and Trade Practices Act 1974 (Cth) – appropriate relief to be granted – whether declarations, injunctions, pecuniary penalties, publication orders, a disqualification order and costs orders should be made – consideration of relevant factors
Legislation: Australian Consumer Law (Cth) (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18, s 29(1)(g), s 34, s 224, s 224(2) Competition and Consumer Act 2010 (Cth) s 137H Trade Practices Act 1974 (Cth) s 52, s 53(c), s 55A, s 76E, s 76E(2), s 83
Cases cited: Australian Competition and Consumer Commission v Apple Pty Ltd [2012] FCA 646 Australian Competition and Consumer Commission v Artorios Ink Co Pty Ltd (No 2) [2013] FCA 1292 Australian Competition and Consumer Commission v Dimmeys Stores Pty Ltd [2011] FCA 372 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 Australian Competition & Consumer Commission v Leahy Petroleum Pty Ltd (No 3) [2005] FCA 265; (2005) 215 ALR 301 Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd [2014] FCA 238 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] FCA 855 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2010] FCA 790; (2010) 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 88 ALJR 176 Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd (No 2) [2011] FCA 752 Australian Securities and Investments Commission v Adler [2002] NSWSC 483; (2002) 42 ACSR 80 Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2; (2014) 88 ALJR 372 Kerkhoffs v Registrar of Aboriginal and Torres Strait Islander Corporations [2014] FCAFC 66 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41,993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rich v Australian Securities and Investments Commission [2004] HCA 42; (2004) 220 CLR 129 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 TPG Internet Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 190; (2012) 210 FCR 277 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076
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