Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 File number: VID 535 of 2016
Judge: MORTIMER J
Date of judgment: 28 September 2017
Catchwords: CONSUMER LAW – contravention of s 21 of Australian Consumer Law (Vic) – pecuniary penalties under s 224 of Australian Consumer Law (Vic) – relevant considerations for assessment of pecuniary penalty – whether publication orders should be made – considerations where respondent does not participate in proceedings
Legislation: Australian Consumer Law (Vic), ss 18, 21, 224, 226, 246, 247 Australian Consumer Law and Fair Trading Act 2012 (Vic), s 134(2)(a) Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law (Cth), ss 18, 21 Fair Work Act 2009 (Cth), s 557(1) Trade Practices Act 1974 (Cth), ss 52, 59 Federal Court Rules 2011 (Cth), r 39.02
Cases cited: Australian Competition and Consumer Commission v AGL Sales Pty Ltd [2013] FCA 1030; [2013] ATPR 42-449 Australian Competition and Consumer Commission v Burden [2017] FCA 399 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) [2007] FCAFC 146; 161 FCR 513 Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) [2012] FCA 976; 206 FCR 160 Australian Competition and Consumer Commission v Halkalia Pty Ltd (No 2) [2012] FCA 535 Australian Competition and Consumer Commission v High Adventure Pty Limited [2005] FCAFC 247 Australian Competition and Consumer Commission v Humax Pty Ltd [2005] FCA 706 Australian Competition and Consumer Commission v Multimedia International Services Pty Ltd [2016] FCA 439; 243 FCR 392 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 7) [2016] FCA 424 Australian Competition and Consumer Commission v Reckitt Benckiser [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 7) [2016] FCA 484 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761; 282 ALR 246 Australian Competition and Consumer Commission v Telstra Corporation Ltd [2010] FCA 790; 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352; 195 FCR 1 Commissioner for Consumer Protection v Unleash Solar Pty Ltd (in liq) (No 2) [2016] FCA 1177 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 194 IR 461 Director of Consumer Affairs of Victoria v Hocking Stuart (Richmond) Pty Ltd [2016] FCA 1184 Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118 Director of Consumer Affairs Victoria v Australian Tourism Centre Pty Ltd [2010] VSC 571 Director of Consumer Affairs Victoria v Gibson [2017] FCA 240 Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd (No 2) [2016] FCA 1435 Maritime Union of Australia and Another v Fair Work Ombudsman [2016] FCAFC 102; 247 FCR 154 Markarian v The Queen [2005] HCA 25; 228 CLR 357 Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70; 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Paciocco v Australia and New Zealand Banking Group Ltd [2015] FCAFC 50; 236 FCR 199 Re Idylic Solutions Pty Ltd; Australian Securities and Investments Commission v Hobbs [2013] NSWSC 106 Registrar of Aboriginal and Torres Strait Islander Corporations v Matcham (No 2) [2014] FCA 27 Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 338 Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4; 239 FCR 336 Wotton v State of Queensland (No 5) [2016] FCA 1457
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