Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd [2016] FCA 1184 File number: VID 946 of 2015
Judge: MIDDLETON J
Date of judgment: 6 October 2016
Catchwords: CONSUMER LAW – penalty hearing – admitted contraventions – estate agents – underquoting of price to potential purchasers – whether orders sought by consent appropriate in the circumstances – pecuniary penalties – compliance program – publication order – declaratory relief – costs CONSUMER LAW – civil penalties – deterrence – effect of Commonwealth v Director, Fair Work Building Industry Inspectorate – intuitive or instinctive synthesis – factors influencing determination of penalty
Legislation: Australian Consumer Law and Fair Trading Act 2012 (Vic) Competition and Consumer Act 2010 (Cth) Crimes Act 1914 (Cth) Estate Agents Act 1980 (Vic) Fair Trading Act 1999 (Vic) Judiciary Act 1903 (Cth) Sentencing Act 1991 (Vic)
Cases cited: Austral Pacific Group Ltd (in liq) v Airservices Australia (2000) 203 CLR 136 Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] ATPR 42-449 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Garry Peer & Associates Pty Ltd (2005) 142 FCR 506 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2006] ATPR 42-091 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] ATPR 42-364 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 90 ALJR 113 Construction, Forestry, Mining and Energy Union v Cahill (2010) 194 IR 461 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Registrar of Aboriginal and Torres Strait Islander Corporations v Matcham (No 2) (2014) 97 ACSR 412 Smith v The Queen (1991) 25 NSWLR 1 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Wong v The Queen (2001) 207 CLR 584
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