Australian Competition and Consumer Commission v Online Dealz Pty Ltd [2016] FCA 732

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Online Dealz Pty Ltd [2016] FCA 732 File number: NSD 312 of 2015

Judge: MARKOVIC J

Date of judgment: 21 June 2016

Catchwords: CONSUMER LAW – section 106(1) and (2) of the Australian Consumer Law – supplying and offering to supply goods to consumers that do not comply with safety standards CONSUMER LAW – sections 18, 29(1)(a), 29(1)(g) and 33 of the Australian Consumer Law – misleading or deceptive conduct or conduct likely to mislead or deceive, false or misleading representations, conduct liable to mislead the public – whether reference to certification to Australian and New Zealand Standards conveys compliance with those standards CONSUMER LAW – contravention of ss 18, 29(1)(a), 29(1)(g), 33, 106(1) and 106(2) of the Australian Consumer Law – knowing involvement in contraventions – pecuniary penalties, declarations, injunctions, publication and disqualification orders sought by applicant – considerations relevant to granting injunctions – considerations relevant to making publication order – considerations relevant to fixing penalties – appropriateness of disqualification – disqualification order not granted

Legislation: Competition and Consumer Act 2010 (Cth) Sch 2, ss 2(1), 18(1), 29(1)(a), 29(1)(g), 33, 106(1), 106(2), 224(1)(a), 224(1)(c), 224(1)(d), 224(1)(e), 224(2), 232(1), 246(2)(d), 247, 248(1), 248(2) Corporations Act 2001 (Cth) s 206C Federal Court of Australia Act 1975 (Cth) ss 21, 23 Trade Practices Act 1974 (Cth) ss 65C, 65E(1), 65E(2) Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010 Item 4 of Sch 7 of Sch 3