Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Reebok Australia Pty Ltd [2015] FCA 83 Citation: Australian Competition and Consumer Commission v Reebok Australia Pty Ltd [2015] FCA 83
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v REEBOK AUSTRALIA PTY LTD (ACN 002 674 544)
File number: WAD 483 of 2013
Judge: MCKERRACHER J
Date of judgment: 17 February 2015
Catchwords: CONSUMER LAW – penalty hearing – misleading or deceptive conduct – consumer protection provisions – representations concerning nature, characteristics and suitability of purpose of product – false or misleading representation that goods or services have performance characteristics, benefits or uses – admitted contraventions – whether orders sought by consent appropriate in the circumstance – whether pecuniary penalty within appropriate range
Legislation: Competition and Consumer Act 2010 (Cth) ss 4, 76, 131, 138 Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29(1)(g), 33, 224, 232, 239(1), 246 Federal Court of Australia Act 1976 (Cth) ss 21, 43
Cases cited: Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd (2007) 161 FCR 513 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] FCA 336 Australian Competition and Consumer Commission v High Adventure Pty Ltd (2006) ATPR 42-091 Australian Competition and Consumer Commission v Flight Centre Limited (No 3) [2014] FCA 292 Australian Competition and Consumer Commission v Global One Mobile Entertainment [2011] FCA 393 Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd (2005) ATPR 42-070 Australian Competition and Consumer Commission v Mandurvit Pty Ltd [2014] FCA 464 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609 Australia Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 161 ALR 79 Australian Competition and Consumer Commission v Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 3) (2010) 276 ALR 102 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] FCA 855 Barbaro v The Queen (2014) 88 ALJR 372 Global One Mobile Entertainment Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 134 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Legal Profession Complaints Committee v Love [2014] WASC 389 Markarian v The Queen (2005) 228 CLR 357 Minister for Industry, Tourism and Resources v Mobil Oil Australia Ltd (2004) ATPR 41-993 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 NW Frozen Foods Pty Ltd v Australian Competition & Consumer Commission (1996) 71 FCR 285 Tax Practitioners Board v Dedic [2014] FCA 511 Trade Practices Commission v Allied Mills Industries Pty Ltd (No 4) (1981) 37 ALR 256 Trade Practices Commission v CSR Ltd (1990) 13 ATPR 41-076 Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41-375
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