Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Booktopia Pty Ltd [2023] FCA 194 File number(s): NSD 1292 of 2021
Judgment of: BURLEY J
Date of judgment: 10 March 2023
Catchwords: CONSUMER LAW – civil penalties – misleading or deceptive conduct – false or misleading representations relating to notification requirements, returns and refunds and obligation to remedy – where the defendant admitted liability for contraventions – where the plaintiff and defendant prepared a statement of agreed facts and jointly proposed remedies – declarations – pecuniary penalties – principles relevant to imposition of a penalty – publication orders – compliance program orders
Legislation: Competition and Consumer Act 2010 (Cth) s 137H Competition and Consumer Act 2010 (Cth) Schedule 2, ss 18, 29, 54, 55, 64, 224, 259, 262, 263, 276 Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: Australian Building and Construction Commission v Pattinson [2022] HCA 13; 399 ALR 599 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 634; 317 ALR 73 Australian Competition and Consumer Commission v TPG Internet Pty Ltd [2013] HCA 54; 250 CLR 640 Australian Securities and Investments Commission v Squirrel Superannuation Services Pty Ltd [2022] FCA 702
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 59
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