Australian Competition and Consumer Commission v Allphones Retail Pty Limited [2011] FCA 538

Australian Competition and Consumer Commission v Allphones Retail Pty Limited [2011] FCA 538

The court, satisfied that the settlement sum is within the estimated range of fair compensation and that the settlement process was transparent and fair, made consent orders for compensation and costs under s 87(1A) and s 87(1B) of the Trade Practices Act 1974 (Cth).

Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Representative Action for Compensation / Settlement and Consent Orders
Outcome
Orders made by consent; proceeding settled; compensation and costs awarded.
Legal Topics
['unconscionable Conduct' 'compensation' 'settlement Approval' 'franchise Disputes' 'fairness in Trade']
['trade Practices' 'consumer Protection'] ['unconscionable Conduct' 'compensation' 'settlement Approval' 'franchise Disputes' 'fairness in Trade']

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Procedural Posture

Representative Action for Compensation / Settlement and Consent Orders

Legal Issues

  1. 1 ['whether the court should make consent orders in a representative action under s 87(1A) and s 87(1B) of the Trade Practices Act 1974 (Cth)' 'whether compensation for unconscionable conduct under s 51AC of the Trade Practices Act 1974 (Cth) is reasonable and appropriate']

Ratio Decidendi

The court, satisfied that the settlement sum is within the estimated range of fair compensation and that the settlement process was transparent and fair, made consent orders for compensation and costs under s 87(1A) and s 87(1B) of the Trade Practices Act 1974 (Cth).

Court Disposition

Orders made by consent; proceeding settled; compensation and costs awarded.

Orders

  • ['First, second, and fourth respondents to compensate persons represented by paying the applicant $3,000,000.' "First, second, and fourth respondents to pay the applicant's costs as taxed or agreed." 'Applicant to distribute $3,000,000 and accrued interest in accordance with methodology in paragraphs 8–22 of...