Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Director of Consumer Affairs Victoria v Hoskins (Maroondah) Pty Ltd [2019] FCA 1973 File number: VID 1335 of 2017
Judge: STEWARD J
Date of judgment: 10 October 2019
Date of publication of reasons: 29 November 2019
Catchwords: CONSUMER LAW – admitted contraventions of consumer law by real estate agents regarding the advertising of properties for sale on the internet and in a bulletin – where real estate agent underquoted prices to potential purchasers – where real estate agents admitted to unconscionable conduct – where real estate agent secured an incentive commission from vendors in circumstances which gave rise to unconscionable conduct – whether orders proposed by consent are appropriate in the circumstances – declaratory relief – pecuniary penalties – compliance program – adverse publicity order – injunctive relief – compensation
Legislation: Competition and Consumer Act 2010 (Cth) s 80, Sch 2, Australian Consumer Law ss 2, 18, 21, 30, 232 Evidence Act 1995 (Cth) s 191 Trade Practices Act 1974 (Cth) s 80 Australian Consumer Law and Fair Trading Act 2012 (Vic) s 8
Cases cited: Australian Competition and Consumer Commission v Dataline.Net.Au Pty Ltd (in liquidation) (2007) 161 FCR 513 Australian Competition and Consumer Commission v PT Garuda Indonesia Ltd (Remedies) [2019] FCA 786 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 Director of Consumer Affairs Victoria v Melbourne South Eastern Real Estate Pty Ltd [2018] FCA 1763
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