Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited (No 2) [2016] FCA 144 File number: QUD 683 of 2014
Judge: EDELMAN J
Date of judgment: 1 March 2016
Catchwords: CONSUMER LAW – remedies for contraventions of Australian Consumer Law – declarations of contravention to conform to findings – whether injunction should be awarded – appropriate pecuniary penalty – number of contraventions – extent of cooperation – profit from contraventions
Legislation: Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ss 23(1), 24, 24(1), 27, 29(1)(m), 97(1), 224, 224(2), 232, 232(4)(a), 232(4)(c), 250 Trade Practices Act 1974 (Cth) s 80
Cases cited: Australian Competition and Consumer Commission v Chrisco Hampers Australia Limited [2015] FCA 1204 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd [2007] FCAFC 146; (2007) 161 FCR 513 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; (2012) 201 FCR 378 Australian Competition and Consumer Commission v Scoopon Pty Ltd [2014] FCA 820 Australian Competition and Consumer Commission v Spreets Pty Ltd [2015] FCA 382 Australian Competition and Consumer Commission v Startel Communication Co Pty Ltd [2014] FCA 352 Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2006] FCA 1730; [2007] ATPR 42-140 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Competition and Consumer Commission v Woolworths Ltd [2016] FCA 18 BMW Australia Limited v Australian Competition & Consumer Commission [2004] FCAFC 167; (2004) 207 ALR 452 Foster v Australian Competition and Consumer Commission [2006] FCAFC 21; (2006) 149 FCR 135 Maclean v Shell Chemical (Australia) Pty Ltd [1984] ATPR 40-462; (1984) 2 FCR 593 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249
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