Australian Competition and Consumer Commission v Optell Pty Ltd

This matter was brought by the Australian Competition and Consumer Commission (ACCC) against Optell Pty Ltd, Geoffrey Allan Beckett, and Clinton Wade Andela. The ACCC alleged that Optell and Andela had engaged in misleading conduct in relation to two businesses they operated, the Australian Business and Companies Register (ABCR) and the Certified Quality Assured Companies of Australia (CQA). It was further alleged that Beckett had been knowingly concerned in the contraventions of the Trade Practices Act 1974 (Cth). The ACCC sought declarations, injunctive relief, corrective advertising orders, and refunds to customers. Optell was later removed from the proceedings and the case proceeded against Beckett and Andela only. The Court found that the documents sent by Optell and Andela were misleading in several respects. Firstly, they falsely suggested that the ABCR and CQA were affiliated with the government. Secondly, they falsely suggested that the recipient was required to register and pay a fee to participate in the Register or Guide. Thirdly, they falsely represented that the Register and Guide were already in existence. Fourthly, they falsely represented that the Register and Guide would be distributed to government purchasing authorities and that the Purchasing Guide would soon be accessible on the Internet. The Court also found that the representations about future services were misleading as there were no reasonable grounds for making them. The Court made declarations that the conduct of Beckett and Andela breached several sections of the Trade Practices Act. It also made injunctive orders, corrective advertising orders, and orders requiring Beckett and Andela to refund money to customers. Beckett and Andela were ordered to jointly and severally pay the ACCC's costs.