Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068 Citation: Australian Competition and Consumer Commission v Breast Check Pty Ltd (No 2) [2014] FCA 1068

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BREAST CHECK PTY LTD ACN 119 038 274 and ALEXANDRA BOYD

File number: WAD 515 of 2011

Judge: BARKER J

Date of judgment: 3 October 2014

Catchwords: CONSUMER LAW – contraventions of Australian Consumer Law (Cth) and Trade Practices Act 1974 (Cth) – penalty hearing – appropriate relief to be granted – whether declarations, injunctions, pecuniary penalties and non-punitive orders should be made

Legislation: Australian Consumer Law (Cth) (Sch 2 to the Competition and Consumer Act 2010 (Cth)) s 18, s 29(1)(g), s 224, s 232, s 246 Competition and Consumer Act 2010 (Cth) s 137H, s 155 Federal Court of Australia Act 1976 (Cth) s 21 Trade Practices Act 1974 (Cth) s 52, s 53(c), s 76E, s 83, s 86C

Cases cited: Australian Competition and Consumer Commission v 4WD Systems Pty Ltd [2003] FCA 850; (2003) 200 ALR 491 Australian Competition and Consumer Commission v Breast Check Pty Ltd [2014] FCA 190 Australian Competition and Consumer Commission v Fila Sport Oceania Pty Ltd [2004] FCA 376; [2004] ATPR 41-983 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2005] FCAFC 247; [2006] ATPR 42-091 Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd (No 2) [2014] FCA 998 Trade Practices Commission v Mobil Oil Australia Ltd (1984) 4 FCR 296