Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Derodi Pty Ltd [2016] FCA 365 File number: NSD 1284 of 2014
Judge: EDELMAN J
Date of judgment: 14 April 2016
Catchwords: CONSUMER LAW – contraventions of Australian Consumer Law admitted – agreed facts concerning "free range" representations – pecuniary penalty for contraventions of ss 29(1)(a) and 33 proposed by consent – appropriateness of proposed pecuniary penalty – relevant factors considered
Legislation: Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ss 18, 29, 29(1), 29(1)(a), 33, 54, 224, 224(1), 224(1)(a)(ii), 224(1)(e), 224(3), 224(4)(b), 246, 246(2)(d), 247 Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Australian Competition and Consumer Commission v Bruhn [2012] FCA 959; [2012] ATPR 42-414 Australian Competition and Consumer Commission v CI & Co Pty Ltd [2010] FCA 1511 Australian Competition and Consumer Commission v Luv-a-Duck Pty Ltd [2013] FCA 1136; [2013] ATPR 42-455 Australian Competition and Consumer Commission v Pepe's Ducks Ltd [2013] FCA 570; [2013] ATPR 42-441 Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028; [2014] ATPR 42-483 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18; (1999) 161 ALR 79 Australian Competition and Consumer Commission v RL Adams [2015] FCA 1016 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 Turi Foods Pty Ltd (No 2) [2012] FCA 19 Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 5) [2013] FCA 1109; [2013] ATPR 42-450 Australian Competition and Consumer Commission v Virgin Mobile Australia Pty Ltd (No 2) [2002] FCA 1548 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 90 ALJR 113 Janssen Pharmaceutical Pty Ltd v Pfizer Pty Ltd [1986] ATPR 40-654; (1985) 6 IPR 227 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285
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