Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18

Australian Competition & Consumer Commission v Real Estate Institute of Western Australia Inc [1999] FCA 18

The Colleges' proposed undertakings restraining future price fixing in training services were sufficiently connected to the alleged contraventions and could be accepted, but the proposed publication order was beyond power or inappropriate because it purported to involve non-parties and addressed a sector-wide systemic issue not grounded in the pleaded contraventions. The proposed compliance programme for the Colleges had to be confined to Part IV matters and to contracts connected with training services and pricing, with compliance with the Australian Standard framed as best endeavours. Declarations against the Colleges should not be made before resolution of issues involving REIWA and Mr...

Jurisdiction
Australia
Judgment Date
02 February 1999
Procedural Posture
Trade Practices Proceeding Alleging Unlawful Price Fixing / Reasons for Judgment on Proposed Undertakings and Consent Orders
Outcome
The Court required revised consent orders and undertakings consistent with the reasons, declined at that time to make the declarations and publication order sought against the Colleges, and granted liberty to apply on declaratory relief.
Legal Topics
['consent Orders' 'undertakings' 'injunctions Under S 80 of the Trade Practices Act 1974' 'price Fixing' 'trade Practices Compliance Programmes' 'declaratory Relief' 'corrective Publication Orders']
['trade Practices' 'competition Law' 'civil Procedure'] ['consent Orders' 'undertakings' 'injunctions Under S 80 of the Trade Practices Act 1974' 'price Fixing' 'trade Practices Compliance Programmes' 'declaratory Relief' 'corrective Publication Orders']

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Procedural Posture

Trade Practices Proceeding Alleging Unlawful Price Fixing / Reasons for Judgment on Proposed Undertakings and Consent Orders

Legal Issues

  1. 1 ['Whether the Court should accept undertakings and make consent orders resolving claims against the Third, Fourth and Fifth Respondents.' 'Whether proposed undertakings, declarations, publication orders and compliance programme orders were within power and appropriate under s 80 of the Trade Practices Act 1974.' 'Whether there was a sufficient nexus between the alleged price fixing contraventions and the proposed injunctive and mandatory orders.' 'Whether the proposed publication notice improperly affected non-parties or imposed sector-wide obligations beyond the contraventions alleged.' 'Whether declarations against the Colleges should be made before determination of issues involving REIWA and Mr Griffith.']

Ratio Decidendi

The Colleges' proposed undertakings restraining future price fixing in training services were sufficiently connected to the alleged contraventions and could be accepted, but the proposed publication order was beyond power or inappropriate because it purported to involve non-parties and addressed a sector-wide systemic issue not grounded in the pleaded contraventions. The proposed compliance programme for the Colleges had to be confined to Part IV matters and to contracts connected with training services and pricing, with compliance with the Australian Standard framed as best endeavours. Declarations against the Colleges should not be made before resolution of issues involving REIWA and Mr...

Court Disposition

The Court required revised consent orders and undertakings consistent with the reasons, declined at that time to make the declarations and publication order sought against the Colleges, and granted liberty to apply on declaratory relief.

Orders

  • ['The parties to bring in minutes of any revised consent orders and undertakings within fourteen days of the date of this order.' 'There be liberty to apply on the issue of declaratory relief.']