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Commercial law

Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission

Ultra Tune Australia Pty Ltd v Australian Competition and Consumer Commission [2025] FCAFC 1

The Full Court dismissed Ultra Tune's appeal against $1.5 million contempt fines, holding the missing warning endorsement did not bar punishment and the penalties were not excessive.

  • Contempt of court
  • Franchising code of conduct
  • Enforcement of court orders
  • Assessment of damages for contempt
  • Compliance orders
  • Contempt-of-court
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Corporations law

Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited

Australian Securities and Investments Commission v Australia and New Zealand Banking Group Limited [2022] FCA 1251

The Federal Court found ANZ made misleading representations about its systems for administering Breakfree and offset benefits, and imposed a $25 million penalty.

  • Misleading or deceptive conduct
  • False or misleading representations
  • Compliance with financial services laws
  • Adverse publicity orders
  • Pecuniary penalties
  • Remediation to customers
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Commercial law

Kosen-Rufu Pty Ltd v Dixon Advisory and Superannuation Services Ltd

Kosen-Rufu Pty Ltd v Dixon Advisory and Superannuation Services Ltd [2022] FCA 573

The Federal Court stayed one of two overlapping class actions, finding the no win, no fee model was more likely to benefit group members than litigation funding.

  • Class actions
  • Litigation funding
  • Stay of proceedings
  • Procedure
  • Class-actions
  • Litigation-funding
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Competition law

Application by Flexigroup Limited (No 2)

Application by Flexigroup Limited (No 2) [2020] ACompT 2

The Tribunal varied an ACCC authorisation for the NET Code, allowing it only with conditions that removed anti-competitive BNPL and standard-setting provisions.

  • Industry code authorisations
  • Unregulated consumer credit
  • Buy now pay later finance
  • Solar and energy markets
  • Responsible lending
  • Voluntary codes of conduct
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Commercial law

Director of Consumer Affairs Victoria v Gibson (No 4)

Director of Consumer Affairs Victoria v Gibson (No 4) [2018] FCA 1868

The Federal Court allowed a post-judgment application to vary entered orders by adding a penal notice, despite delay and expiry of the compliance period.

  • Variation of court orders
  • Enforcement of judgments
  • Contempt of court
  • Pecuniary penalties
  • Federal court rules
  • Variation-of-orders
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Competition law

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2)

Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607

The Federal Court made declarations and injunctions against milk transport respondents for using an approval number without authority, breaching the ACL.

  • Misleading or deceptive conduct
  • Statutory injunctions
  • Australian consumer law contraventions
  • Measurement approvals
  • Misleading-or-deceptive-conduct
  • Statutory-injunctions
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Building and construction law

Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC Civil

Bradshaw v Complete Coating Commercial Pty Ltd t/as CCC Civil [2017] NSWCATAP 209

The Appeal Panel held the Tribunal erred in valuing a quantum meruit claim by focusing on contract price, allowed the appeal, and remitted quantification.

  • Quantum meruit
  • Unenforceable residential building contract
  • Breach of contract
  • Damages
  • Procedural fairness
  • Quantum-meruit
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Evidence law

Guy v Crown Melbourne Limited

Guy v Crown Melbourne Limited [2017] FCA 1104

The Court ruled that much of Dr Livingstone’s affidavit was admissible as direct evidence, but his opinion evidence was excluded for non-compliance with expert evidence rules.

  • Admissibility of expert evidence
  • Opinion rule
  • Expert independence
  • Practice and procedure
  • Expert-evidence
  • Opinion-evidence
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Competition law

Australian Competition and Consumer Commission v Metricon Homes Qld Pty Ltd

Australian Competition and Consumer Commission v Metricon Homes Qld Pty Ltd [2012] FCA 797

The Federal Court found Metricon Homes Qld Pty Ltd made misleading advertising claims about prices, inclusions and build-time guarantees, and imposed agreed penalties and injunctions.

  • False and misleading representations
  • Misleading and deceptive conduct
  • Pecuniary penalties
  • Injunctions
  • Declarations
  • Misleading-and-deceptive-conduct
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Competition law

Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited

Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited [2009] HCA 19

The High Court held that Channel Seven’s broadcasts were not protected by the s 65A media exemption and affirmed liability for misleading or deceptive conduct.

  • Misleading or deceptive conduct
  • Statutory interpretation
  • Media exemptions
  • Trade practices act s 52
  • Trade practices act s 65a
  • Misleading-or-deceptive-conduct
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.