Australian Competition and Consumer Commission v Australian Dreamtime Creations Pty Ltd [2009] FCA 1545

Australian Competition and Consumer Commission v Australian Dreamtime Creations Pty Ltd [2009] FCA 1545

ADC's use of the name "Ubanoo Brown", certificates of authenticity, stamps, website descriptions and the eBay listing conveyed to reasonable consumers that the relevant artworks were painted, carved or otherwise produced by a person of Aboriginal descent or by Ubanoo Brown. Those representations were false because the works were not produced by such persons, and ADC thereby contravened s 52 of the TP Act. Mr Antoniou, as director and the person responsible for ADC's operations who caused or directed the representations, was knowingly concerned in the contraventions. The ACCC did not establish contraventions of s 53(eb) because the alleged country of origin representations were not made.

Jurisdiction
Australia
Judgment Date
21 December 2009
Procedural Posture
Trade Practices Proceeding Alleging Misleading or Deceptive Conduct and False or Misleading Representations / Final Judgment and Orders
Outcome
Declarations and injunctions granted for contraventions of s 52 of the Trade Practices Act 1974 (Cth); alleged s 53(eb) country of origin contraventions not made out; corrective and costs orders made.
Legal Topics
['misleading or Deceptive Conduct' 'false or Misleading Representations' 'aboriginal Art' 'country of Origin Representations' 'injunctive Relief' 'declarations']
['trade Practices' 'consumer Protection'] ['misleading or Deceptive Conduct' 'false or Misleading Representations' 'aboriginal Art' 'country of Origin Representations' 'injunctive Relief' 'declarations']

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Procedural Posture

Trade Practices Proceeding Alleging Misleading or Deceptive Conduct and False or Misleading Representations / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether ADC represented that artworks were painted by a person of Aboriginal descent or by Ubanoo Brown when they were not.' 'Whether certificates of authenticity, stamps, website content and eBay listings conveyed misleading representations about Aboriginal authorship of artworks.' 'Whether ADC made false or misleading country of origin representations concerning carved wooden items imported from Indonesia and painted in Australia.' "Whether Tony Antoniou was knowingly involved in ADC's contraventions." 'What declaratory, injunctive and corrective relief should be ordered.']

Ratio Decidendi

ADC's use of the name "Ubanoo Brown", certificates of authenticity, stamps, website descriptions and the eBay listing conveyed to reasonable consumers that the relevant artworks were painted, carved or otherwise produced by a person of Aboriginal descent or by Ubanoo Brown. Those representations were false because the works were not produced by such persons, and ADC thereby contravened s 52 of the TP Act. Mr Antoniou, as director and the person responsible for ADC's operations who caused or directed the representations, was knowingly concerned in the contraventions. The ACCC did not establish contraventions of s 53(eb) because the alleged country of origin representations were not made.

Court Disposition

Declarations and injunctions granted for contraventions of s 52 of the Trade Practices Act 1974 (Cth); alleged s 53(eb) country of origin contraventions not made out; corrective and costs orders made.

Orders

  • ['The Court declared that the first respondent, from at least 19 June 2007 to January 2009, represented on its website that certain artworks were painted by a person of Aboriginal descent and by Ubanoo Brown when they were not, contravening s 52 of the TP Act.' 'The Court declared that the first respondent, from at...