Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777 File number: VID 1366 of 2017

Judge: MOSHINSKY J

Date of judgment: 22 May 2018

Catchwords: CONSUMER LAW – misleading or deceptive conduct – false or misleading representations – where the respondent represented that it had the right to cancel the customer's telephone and/or internet service on a particular date or within a specified period of time, when it did not have this right – where the respondent represented that customers would need to acquire National Broadband Network based services from the respondent in order to receive home telephone and/or internet services, when this was not the case – where the respondent admitted liability for contraventions of the Australian Consumer Law – where the parties prepared a statement of agreed facts and admissions and jointly proposed declarations and orders including pecuniary penalties totalling $1.5 million – whether proper basis to make the declarations and orders – whether proposed penalties appropriate in the circumstances – proposed declarations and orders made

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 29, 224, 232, 233, 246 Trade Practices Act 1974 (Cth), s 80

Cases cited: Australian Competition and Consumer Commission v AGL South Australia Pty Ltd (2015) 146 ALD 385; [2015] FCA 399 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2017] ATPR 42-557; [2017] FCAFC 159 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) 327 ALR 540 Australian Competition and Consumer Commission v Energy Australia Pty Ltd [2014] ATPR 42-469; [2014] FCA 336 Australian Competition and Consumer Commission v Reckitt Benckiser (Aust) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v Sontax Australia (1988) Pty Ltd [2011] ATPR 42-379; [2011] FCA 1202 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd [2011] FCA 301 Australian Competition and Consumer Commission v Woolworths Limited [2016] FCA 44 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Foster v Australian Competition and Consumer Commission (2006) 149 FCR 135 ICI Australia Operations Pty Limited v Trade Practices Commission (1992) 38 FCR 248 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 Allied Mills Industries Pty Ltd (No 5) (1981) 60 FLR 38; 37 ALR 256 Trade Practices Commission v CSR Limited [1991] ATPR 41-076; [1990] FCA 762