Australian Competition and Consumer Commission v Telstra Corporation Limited [2022] FCA 1398

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Telstra Corporation Limited [2022] FCA 1398 File number: VID 445 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 test the maximum attainable speed (MAS) of each customer's NBN line within a reasonable period following 21 days after connection – where the respondent represented that it would notify and provide alternative options to a customer whose line had a MAS that was incapable of supporting the underlying NBN Speed Tier – where the respondent represented to certain customers that their lines were capable of supporting the underlying NBN Speed Tier of their Telstra plan – 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, 87B

Cases cited: Australian Competition and Consumer Commission v Optus Internet Pty Limited [2022] FCA 1397

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 36

Date of hearing: 10 November 2022

Counsel for the Applicant: Dr O Bigos KC with Ms CM Dermody