Australian Competition and Consumer Commission v Davies [2015] FCA 1017

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Davies [2015] FCA 1017 Citation: Australian Competition and Consumer Commission v Davies [2015] FCA 1017

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v ROBERT PAUL DAVIES

File number: QUD 530 of 2014

Judge: REEVES J

Date of judgment: 11 September 2015

Catchwords: TRADE PRACTICES – where company failed to comply with a notice issued under s 155(1) of the Trade Practices Act 1974 (Cth) in contravention of s 155(5) of that Act CRIMINAL LAW – accessorial liability – where company director charged under s 11.2 of the Criminal Code Act 1995 (Cth) with aiding, abetting, counselling or procuring the company's commission of an offence under s 155(5)(a) of the Trade Practices Act 1974 (Cth) – where sole director and shareholder – consideration of the general principles of criminal responsibility – consideration of conduct by omission in s 4.3 of the Criminal Code Act 1995 (Cth) – consideration of the fault element of intention – whether director in fact aided or abetted – whether director intended that his conduct would aid or abet

Legislation: Bankruptcy Act 1966 (Cth) Competition and Consumer Act 2010 (Cth) Criminal Code Act 1995 (Cth) Social Security (Administration) Act 1999 (Cth) Trade Practices Act 1974 (Cth) Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth)

Cases cited: Ansari v R (2007) 70 NSWLR 89; [2007] NSWCCA 204 Director of Public Prosecutions (Cth) v Keating (2013) 248 CLR 459; [2013] HCA 20 Director of Public Prosecutions (Cth) v Poniatowska (2011) 244 CLR 408; [2011] HCA 43 Giorgianni v The Queen (1985) 156 CLR 473 Habib v Commonwealth (2010) 183 FCR 62; [2010] FCAFC 12 Hamilton v Whitehead (1988) 166 CLR 121 Handlen v The Queen (2011) 245 CLR 282; [2011] HCA 51 R v Goodall (1975) 11 SASR 94 R v Jo (2012) 273 FLR 437; [2012] QCA 356 R v Kaldor (2004) 150 A Crim R 271; [2004] NSWCCA 425 R v LK (2010) 241 CLR 177; [2010] HCA 17 R v Russell [1933] VLR 59 Re Pong Su (No 12) (2005) 159 A Crim R 300; [2005] VSC 32 J C Smith, "Aid, Abet, Counsel, or Procure", in Glazebrook (ed), Reshaping the Criminal Law (1978)