Australian Competition and Consumer Commission v Australian Dreamtime Creations Pty Ltd

The Australian Competition and Consumer Commission (ACCC) brought an action against Australian Dreamtime Creations Pty Ltd (ADC) and its director and secretary, Tony Antoniou, for allegedly misleading or deceptive conduct in relation to the sale of artworks. The ACCC claimed that ADC and Antoniou falsely represented that artworks were made by Aboriginal artists, which contravened sections 52 and 53(eb) of the Trade Practices Act 1974 (Cth). The ACCC sought declarations, injunctions, and orders for pecuniary penalties. Antoniou, who acknowledged his role in ADC, did not dispute his involvement in any contraventions. The artworks in question were primarily sold as souvenirs and included paintings, prints, and various other items. ADC engaged artists to paint these items, including Bruce Harris and Greg Goodridge. While Harris was of Aboriginal descent, Goodridge was not. The artworks painted by Harris were sold under the name "Ubanoo Brown," which was a pseudonym used by Harris, but later works were sold under the same name even when painted by Goodridge. The legal issues before the court were whether ADC and Antoniou had engaged in misleading or deceptive conduct by representing that the artworks were made by Aboriginal artists when some were not, and if so, whether this conduct contravened the Trade Practices Act. The court found that ADC and Antoniou did engage in misleading or deceptive conduct. The representations made through the sale of artworks implied that all were made by Aboriginal artists, which was not true in the case of artworks painted by non-Aboriginal artists like Goodridge. The court held that the representations were misleading and deceptive, as they could lead consumers to believe that all artworks were authentic Aboriginal creations. The use of the pseudonym "Ubanoo Brown" did not negate the misleading nature of the representations. The court issued orders restraining ADC and Antoniou from representing that artworks were made by Aboriginal artists unless they could prove it. They were also required to make enquiries and keep records to substantiate such claims. Additionally, ADC was ordered to provide a list of retailers to whom it had sold artworks on consignment, and to notify these retailers of the court's decision. Finally, ADC and Antoniou were ordered to pay the ACCC's costs of the proceeding.