Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v AA Machinery Pty Ltd [2021] FCA 1293 File number: VID 688 of 2020
Judgment of: MURPHY J
Date of judgment: 22 October 2021
Catchwords: CONSUMER LAW – admitted misleading or deceptive conduct and false or misleading representations in contravention of ss 18 and 29(1)(j) and (m) of the Australian Consumer Law – application for a pecuniary penalty, consumer redress orders, injunctions and adverse publicity order – principles relevant to assessment of appropriate penalty and granting of consumer redress orders, injunctions and adverse publicity order
Legislation: Competition and Consumer Act 2010 (Cth) ss 87B, 137H, 155, Sch 2 Australian Consumer Law ss 18, 29, 224, 232, 239, 240, 243, 247 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) ss 21, 23
Cases cited: Australian Building and Construction Commissioner v Construction Forestry Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; 201 FCR 378 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] FCA 761; 282 ALR 246 Australian Competition and Consumer Commission v STA Travel Pty Ltd [2020] FCA 723 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (No 2) [2012] FCA 629; ATPR 42-402 Australian Competition and Consumer Commission v Woolworths Ltd [2016] FCA 44 Australian Competition and Consumer Commission v Yellow Page Marketing BV (No 2) [2011] FCA 352; 195 FCR 1 Australian Securities and Investments Commission v Colonial First State Investments Limited [2021] FCA 1268 Director of Consumer Affairs Victoria v Domain Register Pty Ltd (No 2) [2018] FCA 2008 Director of Consumer Affairs Victoria v Gibson (No 3) [2017] FCA 1148 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Markarian v The Queen [2005] HCA 25; 228 CLR 357 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; 71 FCR 285 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; 384 ALR 75 Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 Trade Practices Commission v Stihl Chain Saws (Aust) Pty Ltd [1978] FCA 104; ATPR 40-091 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2000] HCA 11; 200 CLR 591
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate