Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028 Citation: Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PIROVIC ENTERPRISES PTY LTD
File number: NSD 2486 of 2013
Judge: FLICK J
Date of judgment: 23 September 2014
Catchwords: TRADE PRACTICES – misleading or deceptive conduct – agreement between the parties as to the relief to be granted – agreement as to quantum of penalty – deterrence PRACTICE AND PROCEDURE – declaratory relief – need for caution in drafting
Legislation: Australian Consumer Law (Cth) Pts 2-1, 3-1, Div 1; ss 18, 29(1)(a), 33, 224, 246 Competition and Consumer Act 2010 (Cth) sch 2 Evidence Act 1995 (Cth) s 191 Equity Act 1901 (NSW) s 10 Federal Court of Australia Act 1976 (Cth) ss 21, 47A Trade Practices Act 1974 (Cth) s 76E
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (In liq) [2007] FCAFC 146, (2007) 161 FCR 513 Australian Competition and Consumer Commission v Digital Products Group Pty Ltd [2006] FCA 1732 Australian Competition and Consumer Commission v Gordon Superstore Pty Ltd [2014] FCA 452 Australian Competition and Consumer Commission v Hewlett-Packard Australia Pty Ltd [2013] FCA 653 Australian Competition and Consumer Commission v Jetplace Pty Ltd [2010] FCA 759 Australian Competition and Consumer Commission v Marksun Australia Pty Ltd [2011] FCA 695 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd [2014] FCA 544 Australian Competition & Consumer Commission v Real Estate Institute (WA) Inc [1999] FCA 18, (1999) 161 ALR 79 Australian Competition and Consumer Commission v Startel Communication Co Pty Ltd [2014] FCA 352 Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761, (2011) 282 ALR 246 Australian Competition and Consumer Commission v T F Woollam & Son Pty Ltd (No 2) [2011] FCA 1216 Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2006] FCA 1730 Australian Competition and Consumer Commission v Willessee Healthcare Pty Ltd [2011] FCA 301 BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167, (2004) 207 ALR 452 Brady Street Developments Pty Ltd v M E Asset Investments Pty Ltd [2013] NSWSC 1755 Clark v Framlingham Aboriginal Trust [2014] VSC 367 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 Minister for Industry, Tourism and Resources v Mobil Oil Australia [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Rural Press Ltd v Australian Competition and Consumer Commission [2003] HCA 75, (2003) 216 CLR 53 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20, (2012) 287 ALR 249
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate