Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 File number: VID 465 of 2014
Judge: BEACH J
Date of judgment: 10 June 2016
Catchwords: CONSUMER LAW – assessment of pecuniary penalty – number of contraventions – course of conduct principle – internet sports betting – promotional headline offers of free bets for new customers – contraventions of Australian Consumer Law – misleading or deceptive conduct and false representations – dominant message conveyed – enticement into marketing web – whether adequate disclosure of terms and conditions – penalties assessed – relief granted
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 18, 29, 224, 232 and 246
Cases cited: ACCC v AirAsia Berhad Company [2012] FCA 1413 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 [2015] FCA 1007 Australian Competition and Consumer Commission v OmniBlend Australia Pty Ltd [2015] FCA 871 Australian Competition and Consumer Commission v Valve Corporation (No 3) [2016] FCA 196 Australian Energy Regulator v Snowy Hydro Ltd (No 2) [2015] FCA 58 Australian Securities and Investments Commission v Superannuation Warehouse Australia Pty Ltd (2015) 109 ACSR 199 Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575 Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd (2010) 267 ALR 721 Luxottica Retail Australia Pty Ltd v Specsavers Pty Ltd (No 2) [2010] FCA 644 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 R v Thomson Holidays Ltd [1974] QB 592 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Thompson v Riley McKay Pty Ltd (No 2) (1980) 42 FLR 279 Unilever Australia Ltd v Goodman Fielder Consumer Foods Pty Ltd [2009] FCA 1305
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