Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Ozsale Pty Limited [2016] FCA 1049 File number: NSD 1592 of 2015
Judge: ROBERTSON J
Date of judgment: 29 August 2016
Catchwords: CONSUMER LAW – supplying and offering to supply children's garments that did not meet the relevant fire hazard safety standards – admitted contraventions – parties agreed as to facts, liability and penalties – pecuniary penalties – declarations – injunctions – compliance program
Legislation: Australian Consumer Law ss 106, 224 Evidence Act 1995 (Cth) s 191(3)(a) Trade Practices (Consumer Product Safety Standards) (Children's Nightwear and Paper Patterns for Children's Nightwear) Regulations 2007 (Cth) applying AS/NZS 1249:2003 Children's nightwear and limited daywear having reduced fire hazard, published by Standards Australia on 29 December 2003
Cases cited: Australian Competition and Consumer Commission v Cotton On Kids Pty Ltd [2012] FCA 1428 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v SingTel Optus Pty Ltd (No 4) [2011] FCA 761; 282 ALR 246 Australian Competition and Consumer Commission v Woolworths Ltd [2016] FCA 44 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249
Date of hearing: 29 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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