Australian Competition and Consumer Commission v Aveling Homes Pty Ltd [2017] FCA 1470

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Aveling Homes Pty Ltd [2017] FCA 1470

File number: WAD 130 of 2017

Judge: MCKERRACHER J

Date of judgment: 6 December 2017

Catchwords: CONSUMER LAW– where company engaged in conduct that was likely to mislead or deceive, in contravention of s 18 of the Australian Consumer Law (ACL) and engaged in conduct that was liable to mislead the public as to the nature, the characteristics or the suitability for purpose of services, in contravention of s 34 of the ACL – where second respondent caused company to engage in contravening conduct, and was directly and indirectly knowingly concerned in, or a party to, the contraventions – where the parties reached a proposed settlement – power to make declarations on evidence provided in the form of a statement of agreed facts – principles applicable to imposition of a pecuniary penalty, declarations, publication of corrective notices and the establishment and implementation of a training program under s 246 of the ACL

Legislation: Australian Consumer Law (Cth) ss 18, 34, 224, 224(1)(a)(ii), 224(2), 224(3), 246(1), 246, 246(2)(d) Competition and Consumer Act 2010 (Cth) Sch 2 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 ss 21, 43 Trade Practices Act 1974 (Cth) s 76E

Cases cited: Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited (2001) ATPR 41-815 Australian Competition and Consumer Commission v Apple [2012] FCA 646 Australian Competition and Consumer Commission v A Whistle & Co (1979) Pty Ltd [2015] FCA 1447 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union (2007) ATPR 42-140 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (2007) 161 FCR 513 Australian Competition and Consumer Commission v EDirect Pty Ltd (in liq) (2012) 206 FCR 160 Australian Competition and Consumer Commission v On Clinic Australia Pty Ltd (1996) 35 IPR 635 Australian Competition and Consumer Commission v P & N Pty Ltd [2014] FCA 6 Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc (1999) 95 FCR 114 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 7) [2016] FCA 424 Australian Competition and Consumer Commission v Renegade Gas Pty Ltd (trading as Supergas NSW) [2014] FCA 1135 Australian Competition and Consumer Commission v Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] FCA 855 Australian Competition and Consumer Commission v Telstra Corporation Ltd (2010) 188 FCR 238 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) 201 ALR 618 Australian Competition and Consumer Commission v Woolworths Ltd [2016] FCA 44 BMW Australia Ltd v Australian Competition and Consumer Commission (2004) 207 ALR 465 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 J McPhee & Son (Australia Pty Ltd v Australian Competition and Consumer Commission (2000) 172 ALR 532 Markarian v The Queen 228 CLR 357 Medical Benefits Fund of Australia Ltd v Cassidy (2003) 135 FCR 1 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v ACCC (1996) 71 FCR 285 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liquidation) [2010] FCA 597 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v Bata Shoe Company of Australia Pty Ltd (1980) ATPR 40-162 Trade Practices Commission v CSR Limited (1991) ATPR 41-076 Trade Practices Commission v TNT Australia Pty Ltd (1995) ATPR 41-375