Australian Competition and Consumer Commission v UNJ Millenium Pty Ltd [2012] FCA 1123

Australian Competition and Consumer Commission v UNJ Millenium Pty Ltd [2012] FCA 1123

On the agreed statement of facts and joint submissions, the pleaded representations and the true position concerning them were established, proving the identified contraventions. The proposed declarations, injunctions, pecuniary penalty, compliance and education program and other draft orders were appropriate; the pecuniary penalty and agreed costs were to be paid within 90 days.

Jurisdiction
Australia
Judgment Date
03 October 2012
Procedural Posture
Competition and Consumer Law Proceeding Alleging Contraventions of the Trade Practices Act 1974 (cth) and the Australian Consumer Law / Final Determination on Agreed Statement of Facts and Joint Submissions
Outcome
Orders made in terms of draft Orders 1 to 14 proposed by the parties, with the pecuniary penalty and agreed costs to be paid within 90 days.
Legal Topics
['misleading Representations' 'false Representations' 'declaratory Relief' 'injunctive Relief' 'pecuniary Penalties' 'compliance and Education Program']
['competition Law' 'consumer Law'] ['misleading Representations' 'false Representations' 'declaratory Relief' 'injunctive Relief' 'pecuniary Penalties' 'compliance and Education Program']

Case Brief

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Procedural Posture

Competition and Consumer Law Proceeding Alleging Contraventions of the Trade Practices Act 1974 (cth) and the Australian Consumer Law / Final Determination on Agreed Statement of Facts and Joint Submissions

Legal Issues

  1. 1 ['Whether the pleaded representations arising out of the conduct were made out on the agreed statement of facts.' 'Whether contraventions of the Trade Practices Act 1974 (Cth) and the Australian Consumer Law were established.' 'Whether declaratory, injunctive and pecuniary penalty relief should be ordered.' 'What time should be allowed for payment of the pecuniary penalty and agreed costs.']

Ratio Decidendi

On the agreed statement of facts and joint submissions, the pleaded representations and the true position concerning them were established, proving the identified contraventions. The proposed declarations, injunctions, pecuniary penalty, compliance and education program and other draft orders were appropriate; the pecuniary penalty and agreed costs were to be paid within 90 days.

Court Disposition

Orders made in terms of draft Orders 1 to 14 proposed by the parties, with the pecuniary penalty and agreed costs to be paid within 90 days.

Orders

  • ['The Court makes orders in terms of the draft Orders 1 to 14 proposed by the parties.' 'The pecuniary penalty is to be paid within 90 days.' 'The agreed costs are to be paid within 90 days.']