Australian Consumer & Competition Commission v Z-tek Computer Pty Ltd [1997] FCA 871

Australian Consumer & Competition Commission v Z-tek Computer Pty Ltd [1997] FCA 871

A compliance program order under s 80 may be appropriate where it is designed to prevent repetition of the alleged or established contravening conduct, but the Court's power is limited by the scope and purpose of the Trade Practices Act 1974 (Cth), the requirement of a sufficient nexus between the contravention and the injunction, and the constitutional requirement that relief relate to the matter before the Court. Because the proceeding concerned misleading or deceptive advertising and representations alleged to contravene ss 52, 53(e) and 53C, a compliance program relating to the Trade Practices Act generally was not appropriate, despite the parties' consent. The order should be...

Jurisdiction
Australia
Judgment Date
03 September 1997
Procedural Posture
Application for Final Injunctions Under S 80 of the Trade Practices Act 1974 (cth) / Final Orders by Consent; Judgment Reserved on Proposed Trade Practices Compliance Program Order
Outcome
The Court declined to make the broader consent order requiring a trade practices compliance program relating to the Trade Practices Act 1974 (Cth) generally, but made a narrower order requiring a compliance program directed to misleading or deceptive advertising or representations in contravention of ss 52, 53(e)...
Legal Topics
['injunctions Under S 80 of the Trade Practices Act 1974 (cth)' 'trade Practices Compliance Program Orders' 'misleading or Deceptive Advertising' 'false or Misleading Price Representations' 'consent Orders' 'constitutional Limits on Federal Judicial Power']
['trade Practices' 'consumer Protection' 'federal Jurisdiction'] ['injunctions Under S 80 of the Trade Practices Act 1974 (cth)' 'trade Practices Compliance Program Orders' 'misleading or Deceptive Advertising' 'false or Misleading Price Representations' 'consent Orders' 'constitutional Limits on Federal Judicial Power']

Case Brief

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Procedural Posture

Application for Final Injunctions Under S 80 of the Trade Practices Act 1974 (cth) / Final Orders by Consent; Judgment Reserved on Proposed Trade Practices Compliance Program Order

Legal Issues

  1. 1 ['Whether the Court may order, under s 80 of the Trade Practices Act 1974 (Cth), implementation of a trade practices compliance program by consent.' 'Whether a compliance program order may relate to the Trade Practices Act 1974 (Cth) generally or must be confined to provisions having a sufficient nexus with the alleged contraventions.' "Whether consent of the parties affects the scope of the Court's power to make an injunction under s 80." 'Whether the proposed order was appropriate having regard to the scope and purpose of the Act, the nexus required by s 80, and the constitutional requirement that relief relate to the matter before the Court.']

Ratio Decidendi

A compliance program order under s 80 may be appropriate where it is designed to prevent repetition of the alleged or established contravening conduct, but the Court's power is limited by the scope and purpose of the Trade Practices Act 1974 (Cth), the requirement of a sufficient nexus between the contravention and the injunction, and the constitutional requirement that relief relate to the matter before the Court. Because the proceeding concerned misleading or deceptive advertising and representations alleged to contravene ss 52, 53(e) and 53C, a compliance program relating to the Trade Practices Act generally was not appropriate, despite the parties' consent. The order should be...

Court Disposition

The Court declined to make the broader consent order requiring a trade practices compliance program relating to the Trade Practices Act 1974 (Cth) generally, but made a narrower order requiring a compliance program directed to misleading or deceptive advertising or representations in contravention of ss 52, 53(e)...

Orders

  • ['The respondent shall place responsibility for implementation of the program with its Financial Manager, and the program will be implemented within two calendar months of the order.' 'The respondent shall appoint its Financial Manager as Trade Practices Compliance Officer within two calendar months of the order.'...