Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Optus Internet Pty Limited [2022] FCA 1397 File number: VID 444 of 2021
Judgment of: MOSHINSKY J
Date of judgment: 11 November 2022
Date of publication of reasons: 25 November 2022
Catchwords: CONSUMER LAW – misleading or deceptive conduct – internet broadband – where the respondent provided internet broadband plans using the NBN to residential customers – where the respondent represented that it would check and confirm the maximum attainable speed of each customer's NBN line – where the respondent represented that it would notify customers if their plan could not be supported by their NBN line and provide them with alternative options if their plan could not be supported by their NBN line – where the respondent represented to certain customers that their plans were able to be supported by their NBN lines – where the respondent admitted that it contravened ss 18 and 29 of the Australian Consumer Law – where the parties jointly proposed declarations and pecuniary penalties
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 4, 18, 29, 224, 239, 246 Federal Court of Australia Act 1976 (Cth), s 21 Trade Practices Act 1974 (Cth)
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson (2022) 399 ALR 599 Australian Competition and Consumer Commission v AGL South Australia Pty Ltd (2015) 146 ALD 385; [2015] FCA 399 Australian Competition and Consumer Commission v Cement Australia Pty Ltd (2017) 258 FCR 312 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v Optus Internet Pty Limited [2018] FCA 777 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v Woolworths Limited [2016] ATPR ¶42-251; [2016] FCA 44 Australian Securities and Investments Commission v AMP Financial Planning Proprietary Limited [2022] FCA 1115 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Trade Practices Commission v Allied Mills Industries Pty Ltd (No 5) (1981) 60 FLR 38; 37 ALR 256 Trade Practices Commission v CSR Ltd [1991] ATPR ¶41-076; [1990] FCA 762
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