Federal Court of Australia
Federal Court of Australia
Australian Energy Regulator v AGL Retail Energy Limited (Relief Hearing) [2024] FCA 1500 File number(s): VID 749 of 2022
Judgment of: DOWNES J
Date of judgment: 19 December 2024
Catchwords: CONSUMER LAW – established contraventions of rule 31 of the National Energy Retail Rules and section 273 of the National Energy Retail Law – respondents contravened law over 16,000 times during four year period – respondents received, processed and retained amounts deducted from welfare payments after welfare recipients ceased to be customers, final bill had been issued and no money was payable to respondents – similar conduct had occurred in the past – no apology offered to customers – money repaid to customers without interest – dispute as to form of declaratory relief – dispute as to quantum of penalty to be imposed
Legislation: Competition and Consumer Act 2010 (Cth) s 44AAG National Energy Retail Law (South Australia) Act 2011 (SA) Sch (National Energy Retail Law) ss 273, 294, 296 National Energy Retail Rules (Version 30) r 31
Cases cited: Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450; [2022] HCA 13 Australian Communications and Media Authority v Clarity1 Pty Ltd (No 2) (2006) 155 FCR 377; [2006] FCA 1399 Australian Competition and Consumer Commission v ACM Group Ltd (No 3) [2018] FCA 2059 Australian Competition and Consumer Commission v BlueScope Steel Ltd (No 6) [2023] FCA 1029 Australian Competition and Consumer Commission v Employsure Pty Ltd (2023) 164 ACSR 103; [2023] FCAFC 5 Australian Competition and Consumer Commission v Singtel Optus Pty Ltd (No 4) [2011] ATPR 42-362; [2011] FCA 761 Australian Energy Regulator v AGL Retail Energy Limited [2024] FCA 969 Australian Energy Regulator v AGL Sales Pty Limited [2020] FCA 1623 Australian Securities and Investments Commission v Westpac Securities Administration Limited (2021) 156 ACSR 614; [2021] FCA 1008 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20 Trade Practices Commission v CSR Ltd [1991] ATPR 41-076 Volkswagen Aktiengesellschaft v Australian Competition and Consumer Commission (2021) 284 FCR 24; [2021] FCAFC 49
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