Federal Court of Australia
Federal Court of Australia
Water Efficiency Labelling and Standards Regulator v Renaissance Traditional Bathrooms Pty Ltd [2022] FCA 1456 File number: ACD 42 of 2019
Judgment of: CHEESEMAN J
Date of judgment: 9 December 2022
Catchwords: CONSUMER LAW – Water Efficiency Labelling and Standards (WELS) scheme – contravention of civil penalty provisions – where three solvent respondents admit contraventions – where two insolvent respondents deemed to have admitted contraventions – where penalties for three solvent respondents agreed – where contravening conduct is deliberate and persistent – consideration of the requirements of the WELS scheme – whether agreed penalties for three solvent respondents appropriate – whether penalties proposed by the WELS Regulator are appropriate for two insolvent respondents – Held: orders made
Legislation: Evidence Act 1995 (Cth) ss 140, 187 Federal Court of Australia Act 1976 (Cth) s 26 Federal Court Rules 2011 (Cth) r 16.07 Water Efficiency Labelling and Standards Act 2005 (Cth) ss 33, 34, 44, 44A, 44C, 44D, 44F, 44M, 44Q Water Efficiency Labelling and Standards Determination 2013 (No. 2) (Cth) ss 6, 7, 8 Water Efficiency Labelling and Standards (Registration Fees) Amendment Determination 2015 (No. 1) Sch 1 Australian Standard AS/NZS 6400:2016 Water efficient products – Rating and labelling
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