Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd (No 3) [2024] FCA 156 File number: NSD 750 of 2017
Judgment of: BROMWICH J
Date of judgment: 1 March 2024
Catchwords: CONTEMPT OF COURT – where company has breached court orders to comply with Franchising Code and to ensure compliance officer reports to board or senior management – where company has plead guilty to four contempt of court charges – whether company used best endeavours to comply with orders – appropriate scaling up of fines for what would otherwise have been civil penalties – total fines imposed of $1.5 million
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (being the Australian Consumer Law) Crimes Act 1914 (Cth) s 4AA Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Cth) Schedule 1 Federal Court Rules 1979 (Cth) Ords 37, 37 r 2, 37 r 2(1), 37 r2(2), 37 r2(3), 37 r2(5), 37 r2(6), 40 Federal Court Rules 2011 (Cth) rr 1.34, 41.06, 41.07, 41.07(1), 41.07(2), 41.08, 41.08(1), 41.08(1)(a), 41.08(1)(b), 41.08(2)(a), 41.08(3), Chs 5 Pt 41, 5 Pt 41 Div 41.1, 6 and 6 Pt 42 Franchising Code of Conduct found in Schedule 1 to the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 cls 8(6), 15(1) and 15(1)(b) Enforcement, endorsement and contempt practice note (GFN-ENF)
Cases cited: Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; 96 ALJR 426 Australian Competition and Consumer Commission v ACN 117 372 915 Pty Ltd (in liq) (formerly Advanced Medical Institute Pty Ltd) [2016] FCA 1437 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v Ultra Tune Australia Pty Ltd [2019] FCA 12 Construction, Forestry, Mining and Energy Union v Grocon Constructors (Victoria) Pty Ltd [2014] VSCA 261; 47 VR 527 Hili v The Queen [2010] HCA 45; 242 CLR 520 Kazal v Thunder Studios Inc (California) [2017] FCAFC 111; 256 FCR 90 Mason v MWREDC Ltd [2012] FCA 1083 Mensink v Parbery [2018] FCAFC 101; 264 FCR 265 Re Modern Woodcraft Pty Ltd (In Liquidation) (1997) 75 FCR 245 Siminton v Australian Prudential Regulation Authority [2006] FCAFC 118; 152 FCR 129 Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2019] FCAFC 164
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