Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2006] FCA 1730

Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2006] FCA 1730

Court accepted respondents’ admissions of contraventions of s 45D of the Trade Practices Act and found proposed orders, including declarations, compliance program, disclosure, pecuniary penalties and costs, to be within power and appropriate. Consent orders made accordingly.

Jurisdiction
Australia
Judgment Date
12 December 2006
Procedural Posture
Civil / Final Judgment (consent Orders)
Outcome
Consent orders made as per Minute of Consent Orders: declarations, compliance program, disclosure, pecuniary penalties and costs.
Legal Topics
['consent Orders' 'declarations' 'pecuniary Penalties' 'compliance Program' 'disclosure Orders' 'contravention of S 45 D Trade Practices Act']
['competition Law' 'trade Practices'] ['consent Orders' 'declarations' 'pecuniary Penalties' 'compliance Program' 'disclosure Orders' 'contravention of S 45 D Trade Practices Act']

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Procedural Posture

Civil / Final Judgment (consent Orders)

Legal Issues

  1. 1 ['Whether the respondents contravened s 45D of the Trade Practices Act by conduct hindering supply of goods or services to Doric Construction' 'Whether proposed consent orders are within the court’s power and appropriate']

Ratio Decidendi

Court accepted respondents’ admissions of contraventions of s 45D of the Trade Practices Act and found proposed orders, including declarations, compliance program, disclosure, pecuniary penalties and costs, to be within power and appropriate. Consent orders made accordingly.

Court Disposition

Consent orders made as per Minute of Consent Orders: declarations, compliance program, disclosure, pecuniary penalties and costs.

Orders

  • ['Declarations as to contraventions by each respondent under s 45D of the Trade Practices Act' 'First and Second Respondents to establish compliance programs within 3 months' 'First and Second Respondents to appoint trade practices advisor within 1 month' 'First and Second Respondents to implement compliance program...