Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Melbourne South Eastern Real Estate Pty Ltd [2018] FCA 1763 File number: VID 472 of 2017
Judge: MORTIMER J
Date of judgment: 15 November 2018
Catchwords: CONSUMER LAW – admitted contraventions of consumer law by real estate agents regarding the advertising of properties for sale on the internet – underquoting of prices to potential purchasers including through use of "blind pricing" – whether orders proposed by consent appropriate in the circumstances – some amendments to proposed orders necessary – appropriate form of declaratory relief – some amendments necessary – pecuniary penalties – compliance program – public notice – costs
Legislation: Competition and Consumer Act 2010 (Cth), ss 18, 30 Evidence Act 1995 (Cth), ss 191, 191(2)(b) Australian Consumer Law and Fair Trading Act 2012 (Vic), ss 18, 30, 224 Estate Agents Act 1980 (Vic), ss 29B, 47A, 47B, 47C
Cases cited: Australian Competition and Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18; 161 ALR 79 BMI Ltd v Federated Clerks Union of Australia [1983] FCA 403; 51 ALR 401 Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Director of Consumer Affairs Victoria v Fletcher & Parker (Balwyn) Pty Ltd [2017] FCA 1521 Director of Consumer Affairs Victoria v Hocking Stuart (Richmond) Pty Ltd [2016] FCA 1184 Director of Consumer Affairs Victoria v Manningham Property Group Pty Ltd [2017] FCA 1448
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate