Mosaic Brands Ltd v Australian Communications and Media Authority [2021] FCA 669

Federal Court of Australia

Mosaic Brands Ltd v Australian Communications and Media Authority [2021] FCA 669 File number: NSD 1025 of 2020

Judgment of: KATZMANN J

Date of judgment: 21 June 2021

Catchwords: ADMINISTRATIVE LAW – validity of notice issued under s 522 of the Telecommunications Act 1997 (Cth) to provide certain information and produce specified documents – whether there was an implied condition that the notice disclose that the Authority was entitled to require the recipient to furnish the specified information and documents – whether notice complied with implied condition

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Australian Communications and Media Authority Act 2005 (Cth) ss 6, 8 Fair Work Act 2010 (Cth) s 712 Spam Act 2003 (Cth) ss 6, 7, 16, 18, Sch 1, Sch 2 Telecommunications Act 1997 (Cth) ss 7, 507, 508, 509, 509, 510, 512, 521, 522, 524, 525 Explanatory Memorandum to the Telecommunications Bill 1996 (Cth)

Cases cited: 85 Degrees Coffee Australia Pty Ltd v Rodwell [2020] FCA 1190; 299 IR 280 Construction, Forestry, Maritime, Mining and Energy Union v Fair Work Inspector Lam [2018] FCA 1379 D'Anastasi v Environment, Climate Change and Water (NSW) (2011) 81 NSWLR 82 Fair Work Ombudsman v United Petroleum Pty Ltd [2020] FCA 590 Federal Commissioner of Taxation v Australia and New Zealand Banking Group Limited (1979) 143 CLR 499 Pyneboard Pty Ltd v Trade Practices Commission (1982) 57 FLR 368; 39 ALR 565 SA Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 Seven Network Limited v Australian Competition and Consumer Commission (2004) 140 FCR 170