Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Harrison [2016] FCA 1543 File number: VID 277 of 2016
Judge: MOSHINSKY J
Date of judgment: 20 December 2016
Catchwords: CONSUMER LAW – unconscionable conduct in trade or commerce – where respondents provided telecommunications services to consumers – where respondents transferred customer contracts from one company to another without the customer's consent – where transferee company demanded payment of early termination fee if customer wanted to terminate contract – where transferee company referred matter to debt collection agency or lawyers if customer did not pay – whether system of conduct or pattern of behaviour – whether unconscionable conduct in all the circumstances – whether respondents used undue harassment or coercion – whether director was person "involved" in contraventions
Legislation: Australian Communications and Media Authority Act 2005 (Cth) Australian Securities and Investment Commission Act 2001 (Cth), ss 12CB, 12CC Competition and Consumer Act 2010 (Cth), ss 51ACA, 137H, 155, Sch 2, Australian Consumer Law, ss 2(1), 21, 22, 31, 50, 224 Competition and Consumer Legislation Amendment Act 2011 (Cth) Corporations Act 2001 (Cth), s 471B Evidence Act 1995 (Cth), s 128 Telecommunications Act 1997 (Cth) Telecommunications (Consumer Protection and Service Standards) Act 1999 (Cth) Trade Practices Act 1974 (Cth), s 75B
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