Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2024] FCA 1126 File number(s): VID 805 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 26 September 2024
Catchwords: CONSUMER LAW — where respondent an electricity retailer with the meaning of s 5 of the Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019 (the Code) — where respondent admitted to contraventions of s 12(2) of the Code, s 51ACB of the Competition and Consumer Act 2010 (Cth) and ss 18 and 29(1)(i) of the Australian Consumer Law — where parties jointly sought declarations as to contraventions and other relief — where declarations made — where pecuniary penalties of $4,000,000 and $10,000,000 imposed — where orders requiring review of compliance program made
Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ss 18, 29(1)(i), 224(1)(a)(ii), 246(2)(b) Legislation: Competition and Consumer Act 2010 (Cth) ss 76(1)(a)(iv), 51ACA(1), 51ACB, 51AE, pt IVB Competition and Consumer (Industry Code—Electricity Retail) Regulations 2019 (Cth) ss 5, 8, 12, 12(2), 12(3)(c)
Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 3) [2016] FCA 676 Australian Competition and Consumer Commission v Dell Australia Pty Ltd (No 2) [2023] FCA 983 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd (2014) 234 FCR 343 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2015] FCA 274; (2015) ATPR 42–491 Cases cited: Australian Competition and Consumer Commission v Mazda Australia Pty Ltd (No 3) [2024] FCA 83 Australian Competition and Consumer Commission v Woolworths Ltd [2016] FCA 44; [2016] ATPR 42-521 Australian Energy Regulator v EnergyAustralia Pty Ltd [2020] FCA 1647 Australian Energy Regulator v EnergyAustralia Pty Ltd [2022] FCA 644 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482
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