Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq) (No 2)

The case of Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq) (No 2) involved a dispute regarding the contravention of the Trade Practices Act 1974 (Cth) and the Australian Consumer Law by Safety Compliance Pty Ltd, a company in liquidation, as well as by individuals associated with the company. The Australian Competition and Consumer Commission (ACCC) sought pecuniary penalties, injunctions, disqualification orders, and costs against the company and the individuals involved. The primary legal issues before the court were whether pecuniary penalties should be imposed on the company for general deterrence, whether injunctions should be ordered against the individuals to restrain them from similar conduct, and whether disqualification orders and pecuniary penalties should be imposed on the individuals.

The court held that pecuniary penalties should be imposed on the company for general deterrence, and it ordered the company to pay a penalty of $515,000. The court also found that the individuals had contravened consumer protection laws and ordered disqualification periods for them ranging from 18 months to 8 years. The court took into account the factors outlined in ASIC v Adler, including the nature of the breaches, the degree of seriousness, the propensity to engage in similar conduct in the future, and the likely harm to the public. The court considered the mitigating factors such as the likelihood of the defendants reforming and their appreciation of the consequences of future breaches. The court ordered pecuniary penalties for the individuals as well, with instalment payment options provided for two of them.

The court further ordered that the individuals be restrained from representing in trade or commerce in connection with the supply or possible supply of goods for a period of five years. The court also ordered the respondents, jointly and severally, to pay a contribution toward the ACCC's costs of $315,000. The court ruled in favour of the ACCC and imposed significant penalties and restrictions on the company and the individuals involved, aiming to protect the public and deter future contraventions of consumer protection laws.