Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited (No 2) [2011] FCA 670

Australian Competition and Consumer Commission v Global One Mobile Entertainment Limited (No 2) [2011] FCA 670

The Court held that declarations should include sufficient detail to explain both the sections contravened and the basis of the contravention, but need not set out all facts or particulars. Injunctions limited to restraining the broadcast of the specific advertisements found to contravene the law, rather than broad or uncertain orders, were appropriate, particularly given there was no evidence of likely ongoing contravention. The compliance program agreed by the parties was appropriate and necessary given prior lack of compliance.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Global One Mobile Entertainment Limited ACN 090 119 430; Second Respondent: 6G Pty Limited ACN 097 080 718
Jurisdiction
Australia
Judgment Date
15 June 2011
Procedural Posture
Civil / Post Liability Judgment on Form of Relief and Orders
Outcome
Declarations made of contravention by respondents; injunctions restraining broadcast of identified advertisements; pecuniary penalties imposed; compliance programs ordered; costs awarded to applicant; stay of penalty and costs orders pending appeal if notice of appeal filed within 21 days.
Legal Topics
Misleading or Deceptive Conduct, False or Misleading Representations, Injunctions, Declarations, Pecuniary Penalties, Compliance Programs
Trade Practices Consumer Law Misleading or Deceptive Conduct False or Misleading Representations Injunctions Declarations Pecuniary Penalties Compliance Programs

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Parties

Australian Competition and Consumer Commission

Applicant

Global One Mobile Entertainment Limited ACN 090 119 430

First Respondent

6G Pty Limited ACN 097 080 718

Second Respondent

Procedural Posture

Civil / Post Liability Judgment on Form of Relief and Orders

Legal Issues

  1. 1 Whether declarations as to contraventions of ss 52 and 53(e) of the Trade Practices Act 1974 (Cth) should be in detailed or general form
  2. 2 Whether injunctions should be granted in general terms or limited to the specific advertisements at issue
  3. 3 Whether the agreed compliance program is appropriate

Ratio Decidendi

The Court held that declarations should include sufficient detail to explain both the sections contravened and the basis of the contravention, but need not set out all facts or particulars. Injunctions limited to restraining the broadcast of the specific advertisements found to contravene the law, rather than broad or uncertain orders, were appropriate, particularly given there was no evidence of likely ongoing contravention. The compliance program agreed by the parties was appropriate and necessary given prior lack of compliance.

Court Disposition

Declarations made of contravention by respondents; injunctions restraining broadcast of identified advertisements; pecuniary penalties imposed; compliance programs ordered; costs awarded to applicant; stay of penalty and costs orders pending appeal if notice of appeal filed within 21 days.

Orders

  • Declarations that Global One and 6G contravened ss 52 and 53(e) of the Trade Practices Act 1974 (Cth) in relation to specified advertisements by representing a one-off service when it was a subscription with ongoing fees.
  • Injunctions restraining Global One and 6G from causing the relevant advertisements to be transmitted.