Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Channic Pty Ltd (No 5) [2017] FCA 363 File number(s): QUD 536 of 2013
Judge(s): GREENWOOD J
Date of judgment: 7 April 2017
Catchwords: CONSUMER LAW – consideration of an application by the Regulator for an order that each of the respondents pay a pecuniary penalty to the Commonwealth pursuant to s 167 of the National Consumer Credit Protection Act 2009 (Cth) (the "Act") – consideration of the principles to be applied under the Act in determining an "appropriate" penalty for the purposes of s 167(2) of the Act
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12CB National Consumer Credit Protection Act 2009 (Cth), ss 113, 114, 115, 116, 117, 118, 121, 123, 128, 130, 131, 133, 166, 167, 175
Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2016) 336 ALR 1 Australian Securities and Investments Commission v Channic Pty Ltd (No 4) [2016] FCA 1174 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v Telstra (2010) 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 326 ALR 476 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Markarian v The Queen (2005) 228 CLR 357 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Wong v The Queen (2001) 207 CLR 584
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