Australian Competition and Consumer Commission v Zen Telecom Pty Ltd

The Australian Competition and Consumer Commission brought proceedings against Zen Telecom Pty Ltd for admitted contraventions of various sections of the Australian Consumer Law (ACL). The Federal Court accepted the joint submissions of the parties and granted orders including declarations, injunctions, pecuniary penalties, a compliance program, publication orders and costs. The Court considered the seriousness of the contraventions and the need for deterrence and compliance. It found that the proposed orders appropriately reflected these considerations. The Court made declarations identifying how and why Zen Telecom's conduct contravened the ACL, restrained Zen Telecom from engaging in certain conduct for three years, ordered Zen Telecom to pay a pecuniary penalty of $225,000 in instalments, establish and maintain a compliance program, publish corrective notices, and pay costs of $25,000 in instalments.

The Court exercised its discretion in approving the consent orders and considered the relevant facts and factors. It found that the proposed declarations and other orders constituted an appropriate sanction for the admitted contraventions and would ensure Zen Telecom understood it should not engage in such conduct in the future. The orders were also intended to send a message of general deterrence to the community. The Court referred to relevant authorities in exercising its discretion and was satisfied that the orders conformed with legal principle.