Australian Competition and Consumer Commission v Qantas Airways Limited [2024] FCA 1219

FEDERAL COURT OF AUSTRALIA Australian Competition and Consumer Commission v Qantas Airways Limited [2024] FCA 1219 File number: VID 685 of 2023

Judgment of: ROFE J

Date of judgment: 8 October 2024

Date of publication: 21 October 2024

Catchwords: CONSUMER LAW – admitted contraventions of ss 18(1), 29(1)(b), 29(1)(g) of the Australian Consumer Law – false or misleading representations with respect to flight services which have been cancelled – continued sale of cancelled services – where form of declaratory relief was agreed between the parties – whether form of declarations sought is appropriate – where pecuniary penalty was agreed between the parties – whether quantum of penalty is appropriate – declarations made and pecuniary penalty imposed in the form proposed by the parties

Competition and Consumer Act 2010 (Cth) Evidence Act 1995 (Cth) Legislation: Federal Court of Australia Act 1976 (Cth) Trade Practices Act 1974 (Cth) Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth)

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2018) 262 CLR 157 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Australian Private Networks Pty Ltd (t/as Activ8me) (2019) 136 ACSR 80 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd (2015) 327 ALR 540 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 3) [2016] FCA 676 Australian Competition and Consumer Commission v Employsure Pty Ltd (2023) 407 ALR 302 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2015] FCA 274 Australian Competition and Consumer Commission v Jetstar Airways Pty Limited [2015] FCA 1263 Australian Competition and Consumer Commission v Jetstar Airways Pty Limited (No 2) [2017] FCA 205 Australian Competition and Consumer Commission v Jetstar Airways Pty Ltd (2019) 136 ACSR 603 Cases cited: Australian Competition and Consumer Commission v Medibank Private Ltd (2020) 146 ACSR 181 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (2016) 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Australian Competition and Consumer Commission v Uber B.V. [2022] FCA 1466 Australian Securities and Investments Commission v Commonwealth Bank of Australia [2020] FCA 790 Commonwealth v Director, Fair Work Building Industry Inspectorate (2015) 258 CLR 482 Gill v Ethicon Sàrl (No 5) [2019] FCA 1905 Hornsby Building Information Centre Pty Ltd v Sydney Building Information Centre Limited (1978) 140 CLR 216 Markarian v The Queen (2005) 228 CLR 357 Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd (2004) ATPR 41-993 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission (2012) 287 ALR 249 Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24