Australian Communications and Media Authority v V Marketing Australia Pty Ltd (in liq) (No 2) [2024] FCA 34

Federal Court of Australia

Australian Communications and Media Authority v V Marketing Australia Pty Ltd (in liq) (No 2) [2024] FCA 34 File number: QUD 235 of 2019

Judgment of: THOMAS J

Date of judgment: 29 January 2024

Catchwords: COMMUNICATIONS LAW – telemarketing calls to numbers on the Do Not Call Register – ancillary contraventions – whether the fourth respondent aided, abetted, counselled or procured a contravention of the Do Not Call Register Act 2006 (Cth) – whether the fourth respondent had knowledge of material facts of the contravention – whether the fourth respondent exercised control over the contraventions – HELD: application against the fourth respondent dismissed – fourth respondent not knowingly concerned with the contraventions

Legislation: Do Not Call Register Act 2006 (Cth) Spam Act 2003 (Cth)

Cases cited: Australian Communications and Media Authority v FHT Travel Pty Ltd [2011] FCA 550 Australian Communications and Media Authority v Mobilegate Ltd (a company incorporated in Hong Kong) (No 8) (2010) 275 ALR 293; [2010] FCA 1197 Australian Competition and Consumer Commission v SensaSlim Australia Pty Ltd (in liq) (No 5) (2014) 98 ACSR 347; [2014] FCA 340 Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) (2015) 235 FCR 181; [2015] FCA 342 Giorgianni v The Queen (1985) 156 CLR 473 Pereira v Director of Public Prosecutions (1988) 82 ALR 217 Yorke v Lucas (1985) 158 CLR 661