Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd [2019] FCA 797

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd [2019] FCA 797 File number: NSD 2358 of 2018

Judge: PERRY J

Date of judgment: 30 May 2019

Catchwords: CONSUMER LAW – admitted contraventions of ss 18 and 29(1)(m), Australian Consumer Law (ACL) – misleading or deceptive representations made on respondent airline's website – where representations in booking flow that fares were non-refundable when there may be an entitlement to a refund under statutory consumer guarantees – where representation in conditions of carriage that flight services were not subject to statutory guarantees – where representations in conditions liable to mislead consumers as to remedies available for non-compliance with consumer guarantees – consideration of principles for determining whether agreed penalty and other agreed orders for non-compliance with the ACL appropriate – where public importance in sending a strong message of deterrence to highlight importance of ensuring accuracy in making representations on consumer rights – where no intention to mislead – where high degree of co-operation by the respondents with the ACCC – where appropriate to impose agreed penalties and grant declaratory relief in terms agreed

Legislation: Australian Consumer Law ss 18, 29(1)(m) Competition and Consumer Act 2010 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2018] HCA 3; (2018) 262 CLR 157 Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Limited [2015] FCA 330; (2015) 327 ALR 540 Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liq) [2007] FCAFC 146; (2007) 161 FCR 513 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Homeopathy Plus! Australia Pty Limited (No 2) [2015] FCA 1090 Australian Competition and Consumer Commission v Jetstar Airways Pty Limited (No 2) [2017] FCA 205 Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263; [2016] ATPR 42-523 Australian Competition and Consumer Commission v Oticon Australia Pty Limited [2018] FCA 1826 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; (2016) 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; (2013) 250 CLR 640 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; (2018) 357 ALR 55 Australian Securities & Investments Commission v Westpac Banking Corporation [2018] FCA 1733 Barbaro v The Queen [2014] HCA 2; (2014) 253 CLR 58 BMW Australia Ltd v Australian Competition and Consumer Commission [2004] FCAFC 167; (2004) 207 ALR 452 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; (2015) 258 CLR 482 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; (2010) 269 ALR 1 Forster v Jododex Australia Pty Limited (1972) 127 CLR 421 Hadgkiss v Aldin (No 2) [2007] FCA 2069; (2007) 169 IR 76 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Mill v The Queen (1988) 166 CLR 59 NW Frozen Foods Pty Ltd v Australian Competition & Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; (2012) 287 ALR 249 TPG Internet Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 190; (2012) 210 FCR 277 Trade Practices Commission v CSR Limited (1991) ATPR ¶41-076