Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd (No 2) [2016] FCA 1435 File number: VID 946 of 2015
Judge: MIDDLETON J
Date of judgment: 2 December 2016
Catchwords: CONSUMER LAW – admitted contraventions – estate agents – underquoting of price to potential purchasers – pecuniary penalties – compliance program – publication order – declaratory relief – costs – form of orders – appropriateness of proposed instalment regime
Legislation: Australian Consumer Law and Fair Trading Act 2012 (Vic) Competition and Consumer Act 2010 (Cth) Estate Agents Act 1980 (Vic)
Cases cited: Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) (2012) 206 FCR 160 Australian Competition and Consumer Commission v High Adventure Pty Ltd [2006] ATPR 42-091 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281 Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 7) [2016] FCA 484 Australian Competition and Consumer Commission v SIP Australia Pty Ltd [2003] ATPR 41-937 Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd [2016] FCA 1184
Date of hearing: Determined on the papers
Date of last submissions: 21 October 2016
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
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