Australian Competition and Consumer Commission v Campbell (No 3) [2021] FCA 528

Federal Court of Australia

Australian Competition and Consumer Commission v Campbell (No 3) [2021] FCA 528 File number: VID 612 of 2019

Judgment of: O'BRYAN J

Date of judgment: 19 May 2021

Catchwords: CONSUMER LAW – application for remedies under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) – contraventions of ss 18, 29(1)(g), 36(3) and 36(4) of the Australian Consumer Law – where the respondents sold franchises to consumers representing that those franchises would be operational within 12 months, and received payments from franchisees on that basis, but in most instances did not supply a franchise within that period or at all – where the contravening conduct caused substantial loss to franchisees – where the first respondent is in liquidation and the third respondent has limited financial resources – where the parties have jointly filed statements of agreed facts and admissions – where the applicant and third respondent have agreed penalties and filed joint submissions in support of agreed penalties – where the first respondent does not oppose the orders sought by the applicant – consideration of the relevant principles to the assessment of pecuniary penalties, non-party consumer redress orders, declaratory and injunctive relief STATUTORY INTERPRETATION – proper construction of s 227 of the Australian Consumer Law – meaning and effect of the requirement to give preference to making an order for compensation – whether orders proposed by the applicant satisfy that requirement