Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Bupa Aged Care Australia Pty Ltd [2020] FCA 602 File number: VID 386 of 2019
Judge: MORTIMER J
Date of judgment: 12 May 2020
Catchwords: CONSUMER LAW – admitted contraventions of Australian Consumer Law – whether agreed pecuniary penalty appropriate having regard to all relevant circumstances – consideration of relevant matters in determining amount of pecuniary penalty – orders made in accordance with parties' proposal
Legislation: Aged Care Act 1997 (Cth) Competition and Consumer Act 2010 (Cth) Sch 2 ss 18(1), 29(1)(b), 29(1)(g), 36(3), 36(4), 224(2)
Cases cited: Australian Competition and Consumer Commission v Australia and New Zealand Banking Group Limited [2016] FCA 1516; 118 ACSR 124 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2015] FCA 330; 327 ALR 540 Australian Competition and Consumer Commission v Volkswagen Aktiengesellschaft [2019] FCA 2166 Australian Competition and Consumer Commission v Yazaki Corporation [2018] FCAFC 73; 262 FCR 243 Australian Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761; 282 ALR 246 Commonwealth v Director, Fair Work Building Industry Inspectorate [2015] HCA 46; 258 CLR 482 Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 Trade Practices Commission v CSR Limited [1991] ATPR 41-076
Date of hearing: 13 February 2020
Registry: Victoria
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